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32 | On the allegation " Staff unlawfully evicted a resident"; it is the concern of the reporting party that Resident #1 (R1) was unlawfully evicted from the facility without any kind of eviction notice. To investigate the allegation the LPA conducted a file review and interviews. File review revealed that the Executive Director did not obtaining prior written eviction approval from the licensing and did not issue an eviction notice to R1 and or their responsible party. Interviews with the previous Executive Director, Gary Lee revealed that on 02/20/2024, R1 was observed with what they thought to be a stage 3 wound, and stated R1 could not be at the facility with a stage 3 wound. They went on to state that R1’s family had home health assess the resident and they confirmed it was a stage 3. The ED discussed with R1’s family possibilities to place R1 on hospice, however after the ED discussed with their director what was going on, the director did not allow for R1 to stay at the facility, according to the ED. Furthermore, the ED revealed that they did not obtained a prior written approval from licensing because everything happened so fast and R1’s responsible person wanted R1 out of the facility right away. Interview with R1’s responsible party revealed that they were not given a 3 day or 30 day notice and were told that R1 could not be at the facility, despite their attempts to place R1 on home health and hospice to ensure that R1 could stay. Based on records reviewed and interviews conducted, it has been determined that Executive Director did not submit a proper letter of eviction to CCL, nor did Executive Director provide Responsible Party with a proper letter of eviction. Therefore, the allegation that Staff unlawfully evicted a resident is Substantiated at this time.
The following deficiencies were observed (See LIC 9099-D) and cited from the California Code of Regulations, Title 22 and California Health and Safety Code. ED was informed that failure to correct the deficiencies may result in civil penalties.
Exit interview conducted and a copy of the report and appeal rights were provided.
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