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32 | . . . Continued from LIC 809
The Department concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. Per Welfare and Institutions Code § 15610.67, serious bodily injury is defined as “an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation.” This is evidenced by the licensee’s failure to protect R1 from severe neglect which resulted in severe malnourishment and weight loss. R1 had an unstageable right ischial tuberosity pressure injury and was retained at the facility without proper medical care being provided. In addition, facility staff failed to provide adequate fluids to R1 which resulted in R1 being hospitalized for severe dehydration. R1 was severely dehydrated which contributed to R1 developing a UTI. Staff neglected to arrange and or assist in arranging appropriate medical care to the severe medical conditions and needs of R1.
Today, January 30, 2025, the Department will be issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as serious bodily injury in the amount of $10,000. However, since an immediate civil penalty of $500 was previously issued on May 9, 2024, the amount of the civil penalty today will be $9,500.
A copy of the LIC 421D was given to Marvin Misa and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. Marvin Misa's signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D.
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