Lawyers Representing Injured Victims of La Mariposa Care and Rehab Center
To ensure nursing homes remain compliant, the federal government through the Centers for Medicare and Medicaid Services (CMS) and the State of California conduct routine surveys and inspections. The efforts of the regulators help to identify minor to serious violations and deficiencies that must be corrected to ensure the health and well-being of every resident are maintained.
The level of care at some facilities nationwide are so far below average as to mandate immediate changes. The regulators of Medicare and Medicaid designate these nursing homes as Special Focus Facilities (SFF). This undesirable designation identifies the facility as a nursing home that provides significantly inadequate quality of care.
More than a year ago, CMS designated La Mariposa Care and Rehabilitation Center as a Special Focus Facility. The Home was provided the opportunity to make much-needed corrections to the level of medical, hygiene and assistive care they provide their residents.
If the facility is unable or unwilling to make corrections promptly, CMS may choose to sever their contract or force the nursing home to sell the operation to a company that remains in good standing with federal and state regulators.
La Mariposa Care and Rehabilitation Center
This 99-certified bed Medicaid/Medicaid-participating for-profit nursing facility provides cares and services to visitors and the residents of Fairfield and Solano County, California. The Home is located at:
1244 Travis Blvd.
Fairfield, CA 94533
To enforce compliance with federal and state nursing home regulations, CMS sometimes issues citations and monetary fines. Since 2015, there have been 15 complaints filed that resulted in citations after the completion of all the associated investigations at this facility.
Also, 14 citations were issued involving problems that were reported by the nursing home. In 2014, there were 33 filed complaints and 12 self-reported facility incidents. These complaints and self-reported incidents came after an even worst year in 2013 with 42 filed complaints and 11 self-reported facility incidents that resulted in citations.
Current Nursing Home Resident Safety Concerns
The information and data accumulated by the investigators conducting surveys at nursing homes throughout the United States are posted on the Federal Medicare.gov site. Additionally, Medicare ranks each facility using a star rating summary system.
Currently, La Mariposa Care & Rehabilitation Center maintains an overall three out of five stars compared all other facilities in the United States. This ranking includes two out of five stars for health inspections, four out of five stars for staffing, and five out of five stars for quality measures. Some of the major concerns involving deficiencies and violations occurring at the facility are listed below.
- Failure to Follow Protocol to Investigate and Report Allegations of Abuse to the Appropriate Licensing Agency
In a summary statement of deficiencies dated September 18, 2017, the state investigator noted that the facility “failed to report [two allegations] of abuse to the Licensing Agency” and failed to “investigate an allegation of abuse and send the investigation report to the licensing agency.”
It was also noted that the facility failed to ensure that two staff members “were trained to report allegations of abuse to the Licensing Agency.” The failure of the nursing staff “had the potential to subject residents to abuse when allegations are not reported to the proper authorities.”
One incident involved a review of a resident’s records dated September 14, 2017, that revealed that a resident who had “been observed inappropriately touching two female residents on two separate occasions on July 12, 2017, and September 2, 2017… on their breasts.” The surveyor noted that the abusive resident “had been the aggressor in a physical altercation with an anonymous male resident on June 23, 2017.”
The surveyor interviewed a staff member in management on September 14, 2017, who stated that the abuse of resident’s “first altercation had been reported to the State Agency per regulations [but the] two subsequent incidents of inappropriately touching female residents’ breasts had not been reported.” The investigator noted that the facility had failed to follow their Abuse Program policy that reads in part:
• “The facility will identify and investigate all suspicions or allegations of abuse; [and review] the occurrence, patterns, …may constitute abuse. The information will be used to determine the direction of the investigation.”
• “Investigate allegations of abuse/neglect within five working days and document it in the Resident Abuse and Submit Investigation Report form.”
• “Upon any suspected/alleged violation of abuse, the Licensed Charge Nurse will immediately notify the Administrator and the Director of Nurses.”
- Failure to Develop, Implement and Enforce Programs That Investigate, Control and Keep Infection from Spreading
In a summary statement of deficiencies dated September 18, 2017, the state investigator noted the facility’s failure “to ensure a systematic way to disinfect shower rooms and shower curtains in between each resident.” This failure resulted in a resident “receiving showers in the unclean unsanitized shower room.”
It was also noted that the facility had failed to “clean and free from obnoxious share-bathrooms, toilet commodes, and shower rooms.” This failure was noted as having “the potential for the development and transmission of diseases and epidemic infections and residents who were weakened by other comorbidities.”
The State surveyor conducted concurrent observations and interviews on September 13, 2017. During and observation of a shower located in Hallway 2, it was noted to have “a rolled up dirty towel and a clear plastic bag filled with dirty towels located on top of a yellow waste bin [and] two clear plastic bags on the shower floor, one with a dirty bed pad and the other bag had a resident’s dirty clothes.” It was during this observation that a disposable glove was found “on the shower floor.”
An observation was made in a second location on September 14, 2017 where there were two solid fecal matters on the floor of the shower room in Hallway 1.” During this observation, an unlicensed staff member wheeled a resident “in the shower room without noticing the fecal matters on the floor.” The staff member “did not notice the fecal matter until was pointed [out] to him.”
- Failure to Store, Cook and Serve Food in a Safe and Clean Way
Based upon observations, dietary document reviews and dietary staff interviews, the state investigator noted that the facility failed to “ensure safe dietetic services as evidenced by 1) freezer products were not sealed and/or stored properly to prevent freezer burn; and 2) food product was not dated.”
The state investigator noted that this failure “to ensure effective dietetic services operations that prevent foodborne illness may result in the compromised medical status and, in severe incidents, may result in death.”
- Failure to Completely Assess the Resident At Least Every Twelve Months
In a summary statement of deficiencies dated September 18, 2017, the state investigator noted the facility had failed to complete a Minimum Data Set (MDS); an “assessment tool completed by clinical staff to assess the resident’s cognitive, psychological, physical, and functional capabilities.” The investigator noted that this failure “had the potential to cause inadequate care based on a delinquent comprehensive assessment and Care Planning.”
The state investigator interviewed the facility’s Licensed MDS Coordinator who revealed that “she had accidentally completed four quarterly assessments in a row” and should have completed “an annual assessment. She stated she missed that.”
- Failure to Offer Other Nutritional Food Options to a Resident Who Will Not Eat the Food Served
In a summary statement of deficiencies dated September 18, 2017, the state investigator noted the facility’s failure “to honor food preferences of [two residents].” This failure by the nursing staff and employees of the facility “has the potential to affect residents’ appetite and nutritional status.”
The state investigator conducted a confidential resident meeting on September 13, 2017, where one of the resident’s “stated food ‘likes and dislikes’ were not honored unless you made a big enough fuss.”
The facility’s Food Preferences Policy and Procedure indicate that residents’ “food preferences will be adhered to within reason. Substitutes for all food dislikes will be given from the appropriate food group. Food preferences will be obtained through initial resident assessment completed within seven days of admission by the Dietary Service Supervisor. Food preferences will be done as the resident’s needs change and/or during the quarterly review.”
Was Your Loved One Injured by Nursing Abuse or Neglect at a California Nursing Facility?
Nursing homes are legally responsible to provide the highest level of care to their residents. If your loved one was injured through neglect, mistreatment or abuse while residing at any nursing facility, including La Mariposa Care and Rehabilitation Center, you are likely entitled to file for compensation to ensure your family receives the monetary recovery they deserve. However, abuse cases are complex and often require a skilled attorney who specializes in mistreatment cases.
These cases are usually handled through contingency arrangements. This agreement allows you to begin the process of building your case for compensation without the need of making any payment of front. Your attorney’s fees will be paid only after the case is settled at a successful court trial or through an acceptable negotiated out-of-court settlement.
If you are looking for information on the laws and regulations that apply to nursing homes in California, look here.
For information on nursing facilities in specific California cities and for local attorneys, look at pages below:
- Anaheim Nursing Home Lawyers
- Bakersfield Nursing Home Lawyers
- Chula Vista Nursing Home Lawyers
- Fontana Nursing Home Lawyers
- Fremont Nursing Home Lawyers
- Fresno Nursing Home Lawyers
- Irvine Nursing Home Lawyers
- Long Beach Nursing Home Lawyers
- Los Angeles Nursing Home Lawyers
- Oakland Nursing Home Lawyers
- Oxnard Nursing Home Lawyers
- Redding Nursing Home Lawyers
- Riverside Nursing Home Lawyers
- Sacramento Nursing Home Lawyers
- San Bernardino Nursing Home Lawyers
- San Diego Nursing Home Lawyers
- San Francisco Nursing Home Lawyers
- San Jose Nursing Home Lawyers
- Santa Ana Nursing Home Lawyers
- Stockton Nursing Home Lawyers