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13 | ***AMENDED DOCUMENT DUE TO REPORT INDICATING WRONG FINDING***
On 01/30/2026, Licensing Program Analyst (LPA) Julie Florio arrived unannounced to deliver complaint #21-AS-20251024124228 investigation findings and met with Kristine Morrow, Executive Director. Reporting Party (RP) alleges staff are not following reporting requirements.
LPA conducted 10-day complaint investigation visit on 10/27/2025 and obtained documents. Per an Unusual Incident/Injury Report received by the Department on 10/21/2025, on 10/16/2025, Resident 1 (R1) sustained a fall that resulted in the activation Emergency Medical Services (EMS). R1's Admissions Agreement dated 08/27/2024, Emergency Identification form dated 08/20/2024, Advanced Health Care Directive (AHCD) dated 05/09/2023, and Health Information Portablity and Accountability Act (HIPAA) form dated 05/03/2023, are all signed by R1 and name R1's son as the responsible party/agent/respesentative. Both R1's AHCD and the HIPAA state they are effective immediately upon their execution. On 01/30/2026, LPA obtained additional documents and conducted an interview with Executive Director where it was revealed that R1's responsible party was notified via telephone/text message only intially. A written report was not provided to the responsible party until 11/14/2025 along with copies of the rest of R1's records.
Per California Code of Regulation (CCR) section 87211(a)(1)(B), "A written report shall be submitted to the licensing agency and to the person responsible for the resident within seven days of the occurrence of any of the events specified in (A) through (D) below. This report shall include the resident's name, age, sex and date of admission; date and nature of event; attending physician's name, findings, and treatment, if any; and disposition of the case. [...] Any serious injury as determined by the attending physician and occurring while the resident is under facility supervision."
It was discused with Executive DIrector that per CCR section 87101(r)(6) "Responsible Person" means "Representative," as defined in Section 87101(r)(3), for purposes of these regulations and applicable statutes. Further, per CCR 87101(r)(3) "Representative" means an individual who has authority to act on behalf of the resident; including but not limited to, a conservator, guardian, person authorized as the agent in the resident’s valid advance health care directive, the resident’s spouse, registered domestic partner, family member, a person designated by the resident, or other surrogate decisionmaker designated consistent with statutory and case law [...].
Continued on LIC9099C... |