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32 | Continued from LIC9099...
Another allegation received about staff does not ensure beverages are made available to residents at all times. Per Reporting party, the administrator does not allow residents to have beverages to drink except during mealtime, staff only allow residents to have water to drink if they are thirsty at any other time of day. Based on interviews conducted with licensee, it was revealed that R1 "got caught" taking things from the fridge, where licensee told them that they need to ask for it, R1 stated that they were getting some milk from the fridge, so licensee told R1 that all they need to do is ask for it. According to licensee, R1 has been residing at the facility for more than 10 years, so they asked R1 to mention a time when licensee didn't allow them to get anything from the fridge, for licensee to get it for them, R1 claimed that they just wanted to get milk. The licensee stated that the facility could easily lock the fridge if they wanted to do it, because there is a lock installed there already, but they are allowing residents to bring things that they like from outside including soy milk or kale which is kept at a kitchen cabinet, where they access to it. Licensee described the incident as a misunderstanding with R1 because it is ok if R1 could have just asked for things in the fridge. Based on LPA’s/Licensee observation, the fridge has a lock in the back, but there is a basket with oranges and apples in the facility pantry; Also, there is a five gallon water dispenser available for residents in care, the fridge was observed unlocked during LPA’s visit. LPA requested the licensee to remove it and licensee removed it immediately. LPA discussed with licensee that a waiver request needs to be submitted to the Department for review and approval if they wish to have a locked fridge, outlining why the refrigerator needs to be locked and how adequate and readily available snacks and beverages will be provided to residents in care. Licensee acknowledged waiver request and its supporting documents would need to be submitted to the Department, but licensee stated that they don’t want to proceed with it. Interviews conducted by LPA with residents in care (R2 & R3) confirmed that they are allowed to put food in the fridge, but they have to ask the licensee to put things in the fridge and they are only allowed to take things from the fridge that they bought not the other food inside the fridge. They are only allowed to take fruits located in the pantry or water from the dispensers. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 6, Chapter 8), is cited on the attached LIC 9099D. Appeal Rights Given. |