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32 | CCL contacted Program Manager Omar Garcia to request additional documents needed to process the exception request. The exception request was approved by CCL on 12/4/2024, and the facility was notified the same day and provided a copy of the letter.
R1’s RP stated on 11/26/2024 they sent a text message to the Program Manager requesting the records. LPA reviewed a screenshot of the text message, which asked for “a copy of the exception request that you sent to CCLD regarding [R1’s] wound care.” In the interview, R1’s RP stated the information they wanted was what steps the staff were going to take to make sure the wound was going to be taken care of properly. Program Manager confirmed they told RP they could not provide a copy of the exception request, due to confidentiality. Program Manager stated they did not receive a response from R1’s RP.
Program Director stated R1’s RP was aware Program Manager Omar Garcia would no longer be the point of contact in December 2024, as they were on vacation and then would be transferring to a different position at a different facility. However, on 12/2/2024, RP contacted now former Program Manager Garcia, to request the records provided to CCL. Program Director stated they received guidance from upper management that the facility would not provide those documents to responsible parties, but they may be able to request them from CCL. Program Director later stated R1’s RP was directed to get the documents directly from CCL, as Devereux doesn’t usually provide documents regarding an internal process. Program Director stated they had previously provided R1’s RP with specifically requested documents from R1’s file.
Program Director stated no other requests were made to the facility directly, but instead R1’s Regional Center Service Coordinator forwarded the RP’s request on 12/31/2024. Program Director stated the original request sent on 12/2/2024 had been responded to, so there were no direct communications or requests unanswered. RP confirmed they requested the exception request information through the Service Coordinator and attempted to get the documentation from CCL via phone calls and in-person office visits. CCL representative explained to RP confidential information could not be released through CCL.
The initial request for the records was on 11/26/2024, and the exception was not yet approved by CCL. However, the exception request and approval (once received) should have been kept in R1’s resident file. R1’s responsible party, who was also R1’s Power of Attorney (POA), was entitled to all records pertaining to R1, and the facility should have provided the requested records. Based on the information obtained, the allegation is deemed Substantiated at this time.
Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiency was cited (refer to LIC 9099-D):
Exit interview conducted. Copy of report and Appeal Rights issued at the time of the visit.
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