Complaint Investigation Report

Emergency Service Personnel interviews revealed that when a resident refuses they usually perform a cognition test and if the patient is cognitive and refuses to go to the Hospital, they provide the resident with a release form for liability and it is against patient’s rights to force them to leave. Emergency Personnel stated the Wellness Director made emergency personnel take R1 to the hospital even though they didn’t feel R1 had to go and R1 refused. LPA informed Wellness Director that the facility cannot force the resident to go to the hospital. Wellness Director stated the staff are not trained and unable to monitor the resident for a change of condition and they cannot put that kind of pressure on the staff in case the resident has a brain bleed and passes out or passes away later. LPA informed Wellness Director that the facility should seek medical attention by calling 9-1-1 and have the resident assessed by Emergency Medical Personnel. Based on the assessment done by Emergency Medical Personnel and the resident and/or Power of Attorney’s (POA) decision, the resident may refuse to be transported. LPA explained usually the Emergency Medical Personnel will have the resident sign a waiver that explains refusing medical services. LPA explained residents have the right to refuse medical care, the same way they have the right to refuse other care. Based on interviews this allegation is deemed Substantiated at this time.

Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiencies were cited (refer to LIC 809-D)

Exit interview conducted. Report and Appeal Rights issued via email.