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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198202539
Report Date: 03/14/2024
Date Signed: 03/14/2024 10:15:31 AM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/29/2021 and conducted by Evaluator Jose Calderon
COMPLAINT CONTROL NUMBER: 11-AS-20211029141335
FACILITY NAME:EMERALD ISLE ASSISTED LIVING IIIFACILITY NUMBER:
198202539
ADMINISTRATOR:LINDSEY NETTINGERFACILITY TYPE:
740
ADDRESS:27781 HAWTHORNE BLVDTELEPHONE:
(310) 544-3308
CITY:RANCHO PALOS VERDESSTATE: CAZIP CODE:
90275
CAPACITY:6CENSUS: 5DATE:
03/14/2024
UNANNOUNCEDTIME BEGAN:
09:40 AM
MET WITH:STAFF CECENI PARETIME COMPLETED:
10:15 AM
ALLEGATION(S):
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Resident sustained a fracture while in care
Resident sustained multiple falls while in care
Staff did not properly report an incident involving a resident
Staff did not follow a resident's needs and care plans
Facility has inadequate record keeping
INVESTIGATION FINDINGS:
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On (03/14/2024), Licensing Program Analyst (LPA) Jose Calderon conducted an unannounced subsequent visit to Emerald Isle Assisted Living III. LPA conducted a risk assessment prior to entering the facility. LPA was greeted by Administrator (A1) Laura Martz and LPA explained the purpose for today’s visit is to investigate the above-mentioned allegations and deliver the findings.
The investigation consisted of the following: An initial visit was conducted on 11/01/21 around 09:00AM by LPA Calderon with Administrator Martz for health & safety purposes of residents in care. During this visit, LPA conducted a physical plant tour which included five (5) bedrooms, two (2) bathrooms, plus all common areas that included the kitchen, dining room, and living room. LPA observed two (2) cameras in the dining room and living room areas. LPA Calderon requested a copy of Resident #1’s file, facility staff and residents’ rosters, staff training records, incident report (dated 10/19/21), Administrator file, facility’s plan of operation, and video footage of incident (dated 10/19/21).
The complaint investigation was referred to the California Department of Social Services Investigation Branch and was assigned to Investigator Christine Ferris which included a review of medical records (dated 10/19/21 – 10/22/21) from Torrance Memorial Medical Center; interviews of former and current facility staff, residents in care, and witnesses; observation of facility’s video recording (between 16:39:07 hours – 16:41:32 hours).
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Eva M Alvarez
LICENSING EVALUATOR NAME: Jose Calderon
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 5
Control Number 11-AS-20211029141335
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: EMERALD ISLE ASSISTED LIVING III
FACILITY NUMBER: 198202539
VISIT DATE: 03/14/2024
NARRATIVE
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LPA Calderon conducted a subsequent visit on 05/22/23 at 08:45AM and was greeted by Staff #1 (S1: Sarah Reyes, Caregiver). During this visit, LPA Calderon toured the facility to include all common areas. LPA interviewed staff (S1-S3) and witnesses (W1-W6) and attempted interviews with residents (R2-R4). During this investigation, LPA Calderon interviewed Residents (R1-R3), Administrator (A1), and Staff (S1-S3). LPA Calderon obtained and reviewed the following documents: Appraisal/Needs and Services Plan (dated 12/14/19), Physician’s Report (dated 12/14/19), Admission Agreement (dated 12/14/19), video footage (dated 12/20/20), hospital records (dated 11/05/21), photographs of Resident #1 (dated 10/19/21). LPA also reviewed the Department’s Investigation Branch (IB) report from Investigator Chrisine Ferris.

The investigation revealed the following:

Allegation #1: Resident sustained a fracture while in care.

This complaint alleged that resident sustained a fracture while in care from a fall. Resident #1 was admitted to Torrance Memorial Medical Center on 10/19/21 due to a fall observed (via) facility’s video recording. On 04/30/22, further review of R1’s medical records documented that the resident was experiencing health issues and x-rays done for the resident did not suggest any fracture was found. During the investigation, there were no reports of neglect or lack of supervision. On 01/10/23, LPA Calderon interviewed Administrator Martz. The administrator’s written statement (dated 11/01/2021) stated that Resident #1 sustained an unwitnessed fall based on the facility’s video recording. Administrator stated that R1 was sitting in a recliner chair, stood up, lost their balance, and fell to the floor. Staff #1 rushed to R1’s aid and assisted the resident off the living room floor. The Department’s Investigation Branch, Investigator Chrisine Ferris, found there was no evidence to corroborate the above-mentioned allegation. The information and evidence obtained did not sufficiently support the allegation.

SUPERVISORS NAME: Eva M Alvarez
LICENSING EVALUATOR NAME: Jose Calderon
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 11-AS-20211029141335
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: EMERALD ISLE ASSISTED LIVING III
FACILITY NUMBER: 198202539
VISIT DATE: 03/14/2024
NARRATIVE
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Allegation #2: Resident sustained multiple falls while in care.

This complaint alleged that resident sustained multiple falls while in care. Resident #1 did not have 1:1 care and reportedly did not have a significant history of falls. On 10/19/21, the caregivers on duty at the time of R1’s fall were preparing dinner within (approximately) 40 feet of where R1 was sitting prior to the fall. The facility’s video recording captured R1’s fall and the caregivers’ response time to be within an appropriate timeframe and providing the medical assistance including calling 9-1-1. Resident #1 was taken to Torrance Memorial Medical Center for a right fracture of the hip. Medical report does support a non-displaced fracture of the right femoral neck. A review of the hospital medical records on 04/30/22 does not support multiple falls while in care. On 01/10/23, LPA Calderon reviewed a written statement (dated 11/1/2021) from A1. The administrator stated that Resident #1 did not sustain multiple falls while in care; and that facility staff provided care to R1 after the fall happened on 10/19/21. On 10/29/22, LPA Calderon reviewed the video recording which suggested that R1 was in recliner chair, stood up, lost their balance, and fell to the floor. The video suggested that Staff #1 assisted R1 within seconds of R1 falling from the recliner chair. On 05/22/23, LPA Calderon interviewed staff (S1-S3). Staff #1 stated that if a resident fell, all staff would aid the resident’s medical needs. Staff #2 stated that it is rare for a resident to fall; but, if this does happen, facility staff will provide medical aid including calling 9-1-1 or taking a resident to the hospital, if needed. 2 of staff interviewed by IB Investigator Ferris denied R1 sustaining multiple falls in care. IB investigator conducted a review of R1 file and did not observe any documentation that R1 sustained multiple falls while in care. The Department’s Investigation Branch, Investigator Chrisine Ferris, found there was no evidence to corroborate the above-mentioned allegation. The information and evidence obtained did not sufficiently support the allegation.

SUPERVISORS NAME: Eva M Alvarez
LICENSING EVALUATOR NAME: Jose Calderon
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 11-AS-20211029141335
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: EMERALD ISLE ASSISTED LIVING III
FACILITY NUMBER: 198202539
VISIT DATE: 03/14/2024
NARRATIVE
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Allegation #3: Staff did not properly report incident involving resident.This complaint alleged that staff did not properly report an incident involving a resident. On 10/29/22, LPA Calderon interviewed A1. A1 states that R1 lost balance and fell to the floor. A1 states that staff reported the fall to A1 and then called R1 family to advise of the fall. A1 states that A1 filed an incident report and reported the loss to DSS as required. A1 states that there was video of the fall and A1 allowed R1 family to view the video for transparency. On 10/29/22, LPA Calderon reviewed A1 written statement for complaint. A1 provided a copy of A1 written statement to R1 family for their review. On 05/22/22, LPA Calderon interviewed staff (S1-S3) for complaints. 3 of 3 staff interviewed denied the allegation and all stated they report incidents. On 05/23/23, LPA Calderon attempted to interview residents (R2-R4) for complaint. Residents could not answer any questions regarding the complaint allegation due to communication barriers. LPA Calderon conducted a file review and noted the Administrator submitted an incident report to Community Care Licensing.

Allegation #4: Staff did not follow a resident needs and care plan.

This complaint alleged that staff did not follow a resident needs and care plan. On 10/29/22, LPA Calderon interviewed A1. A1 states that staff take care of residents’ needs. A1 states that prior to entering A1 facility all residents must have a needs and service plan. A1 states that all staff must review and follow all resident needs and service plan. A1 states that all staff reviewed R1 needs and Service plan while in their care. On 10/29/22, LPA Calderon reviewed R1 needs and service plan R1 needs, and service plan suggest R1 has balance issues and health issues. On 10/25/22, LPA Calderon received and reviewed the department’s Investigation Branch (IB) Investigator name report. The investigator’s report states: The investigator spoke to staff and all staff followed R1 needs and service plan for R1 care. On 05/22/23, LPA Calderon interviewed staff (S1-S3). 3 of 3 staff denied the allegation. S1 states that S1 is required to review all residents needs and service plan prior to providing care. S1 states that S1 cannot provide the best care possible without knowing what the medical needs for R1 are. S2 states that S2 reviews all medical reports to include the needs and service plan for each resident. S2 states that S2 provides great service by understanding what the medical issues are for each resident. S3 states that the needs and service plan is required reading for each resident. S3 states that S3 provides better care by understanding what each residents’ needs are. On 05/22/23, LPA Calderon attempted to interview residents (R2-R4) for complaint. Due to communication barriers residents could not answer any questions regarding the complaint. LPA conducted a review of R1 Care plan and did not note any discrepancies between the care staff stated they provide.

SUPERVISORS NAME: Eva M Alvarez
LICENSING EVALUATOR NAME: Jose Calderon
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 11-AS-20211029141335
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: EMERALD ISLE ASSISTED LIVING III
FACILITY NUMBER: 198202539
VISIT DATE: 03/14/2024
NARRATIVE
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03/13/24
Allegation #5: Facility has inadequate record keeping.

This complaint alleged that the facility has inadequate record keeping. On 10/29/22, LPA Calderon interviewed A1. A1 states that A1 staff keep adequate records on all care provided to residents in A1 care. A1 states that accurate records are kept for R1 to include all medical records and incident reports. A1 states that A1 staff are mandated to keep accurate records on all residents and that all resident’s family can obtain and review all records for their family member. On 10/29/2022 LPA Calderon reviewed the incident report (dated 10/19/2021). Incident Report stated that R1 was sitting in a recliner chair, lost their balance and fell to the floor. Staff called 9-1-1 and R1’s family to advise of the resident’s fall. On 10/29/22, LPA Calderon reviewed the facility’s video recording of R1’s fall. Facility took a video of the living room area. Video recording shows R1 sitting in a recliner chair. The video recording showed R1 trying to get out of their recliner chair, lost their balance, fell to the floor, and within seconds, facility staff came to R1’s aid. The administrator stated that A1 supplied a copy of video recording to R1’s family. The administrator stated that all facility staff follow and keep accurate records and staff take continuous training in record keeping. The administrator stated that all emails are kept and tracked for resident records. On 05/22/23, LPA Calderon interviewed staff (S1-S3). 3 of 3 staff denied the allegation. Staff #1 stated that they are trained to keep records for all resident’s care. Staff #2 stated that they are mandated to keep accurate records for each resident in S2’s care. Staff #33 states that A1 trains all staff to keep records of all care provided by staff to include any hospice records or hospital records. Staff #3 stated that these records can be reviewed by the resident’s family and the records must be accurate. On 05/22/23, LPA Calderon attempted to interview residents (R2-R4) for complaint. Due to health issues, R2-R4 could not answer questions regarding the complaint.

Based on the evidence gathered and interviews conducted and records reviewed, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur; therefore, the allegations: “resident sustained a fracture while in care” “resident sustained multiple falls while in care” “staff did not properly report an incident involving a resident” “staff did not follow a residents needs and care plan” “ facility has inadequate record keeping” are UNSUBSTANTIATED.

A face-to-face interview was conducted with Administrator Laura Martz and a hard copy of the Complaint Report was provided by hand for facility records.

SUPERVISORS NAME: Eva M Alvarez
LICENSING EVALUATOR NAME: Jose Calderon
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5