Inspection Reports for
Merrill Gardens at Gilroy

The Licensing Program Analyst toured the facility and reviewed staff and resident files, observing compliance with the corrective action plan. All training topics were completed, resident and staff files were complete, and no deficiencies were cited during this visit.

The Licensing Program Analyst toured the facility, reviewed staff and resident files, and observed compliance with the corrective action plan. All training topics were completed as required, and no deficiencies were cited per California Code of Regulations, Title 22.

The facility was toured including common areas, kitchen, resident bedrooms, and exterior. The elevator was out of order but functional with manual operation. Kitchen and food storage met standards. Hot water temperature was initially high but was being corrected. Resident and staff records were complete and up-to-date. Fire safety equipment and emergency plans were current. No deficiencies were cited during this inspection.

The inspection found the facility generally compliant with no deficiencies cited. The elevator was out of order but functional manually with staff assistance. The kitchen, resident rooms, medication management, staff files, and safety equipment were all in good condition. Emergency drills and plans were up to date.

The inspection found that all training topics in the non-compliance plan were completed, resident and staff files were complete and fingerprint cleared, and no deficiencies were cited under California Code of Regulations, Title 22.

The inspection found that all required trainings per the non-compliance plan were completed, resident and staff files were complete and fingerprint cleared, and no deficiencies were cited. The facility was reminded to continue adherence to the corrective action plan and Title 22 regulations.

No deficiencies were cited during the visit. The immediate exclusion letter was delivered and the facility management was informed to remove the individual from any contact with residents and the facility roster.

No deficiencies were cited during the visit. The immediate exclusion letter was delivered and the facility was instructed to remove the individual from contact with residents and the facility roster.

The complaint alleged that staff did not give resident medication as prescribed. The investigation included interviews with staff and review of medical records and medication orders. The allegation was determined to be unfounded.

The investigation found that the allegation was unfounded. Interviews and record reviews showed that the resident continued to receive medication as prescribed, and no changes to the medication order were made. No deficiencies were cited.

The complaint alleged that staff did not give resident medication as prescribed. The allegation was investigated through interviews and record review and was found to be unfounded, meaning the allegation was false or without reasonable basis.

The investigation found that the allegation was unfounded. Staff interviews and record reviews confirmed that the resident continued to receive medication as prescribed, and no changes to the medication order were made. No deficiencies were cited.

The inspection found that all training topics in the non-compliance plan were completed, resident and staff files were in order, and no deficiencies were cited per California Code of Regulations, Title 22. The facility was reminded to continue adherence to the corrective action plan and compliance with Title 22 regulations.

The inspection found that all training topics stated in the non-compliance plan were completed, resident and staff files were in order, and no deficiencies were cited per California Code of Regulations, Title 22. The facility was reminded to continue adherence to the corrective action plan and Title 22 regulations.

The Department investigated an allegation of neglect/lack of supervision resulting in resident R1 committing suicide while in care. The allegation was found to be unsubstantiated due to lack of evidence of a Title 22 violation.

The investigation found that the resident died by apparent suicide without assistance, with no evidence of neglect or supervisory failure by the facility. Interviews and record reviews showed no signs of suicidal ideation or depression. The allegation was determined to be unsubstantiated and no deficiencies were cited.

The complaint included allegations that staff were overcharging residents for services not provided, falsifying documents as instructed by staff member S1, and disclosing a resident's death to other residents. Interviews with residents, staff, and review of records did not substantiate these allegations.

The investigation found the allegations unsubstantiated based on interviews, record reviews, and observations. Residents and staff denied falsifying documents, and no evidence supported overcharging or confidentiality breaches. No deficiencies were cited.

The complaint involved an allegation of neglect/lack of supervision resulting in a resident's suicide. The allegation was investigated and found to be unsubstantiated due to lack of evidence of a Title 22 violation.

The investigation found that the resident died by apparent suicide without assistance, with no evidence of suicidal ideation or depression noted in records. The allegation was determined to be unsubstantiated, and no deficiencies were cited under California Code of Regulations, Title 22.

The complaint included allegations that staff were overcharging residents for services not provided, falsifying documents by instructing staff not to document to avoid a paper trail, and disclosing a resident's death to other residents. Interviews with residents and staff, as well as record reviews, did not substantiate these allegations.

The investigation found the allegations to be unsubstantiated based on interviews, record reviews, and observations. Residents and staff denied falsifying documents, and no evidence supported overcharging or confidentiality breaches. No deficiencies were cited.

The complaint alleged that staff failed to follow resident R1's care plan by not checking on R1 every hour after an unwitnessed fall on 03/01/2024. The investigation determined the allegation was unfounded.

The investigation found the allegation to be unfounded based on staff interviews, record reviews, and observations. No deficiencies were cited as the resident's service plan did not require hourly check-ins, and staff reported multiple daily check-ins.

The complaint alleged that staff did not follow resident R1's care plan by failing to check on the resident every hour, resulting in an unwitnessed fall and injury. The allegation was found to be unfounded after investigation.

The investigation found the allegation to be unfounded based on staff interviews, record reviews, and observations. No deficiencies were cited, and it was determined that there was no requirement for hourly staff check-ins on the resident as alleged.

The complaint was unsubstantiated after investigation. Allegations included failure to safeguard dentures, unmet hygiene needs due to short staffing, unclean linens, and unsafe sanitation practices. Interviews with 4 staff members and record reviews did not support the allegations. Infection control training was verified. No deficiencies were cited.

The investigation found that the resident (R1) refused to wear dentures and staff did not recall R1 using dentures. Hygiene needs, shower schedules, and linen changes were maintained according to staff interviews and records. Allegations of unsafe sanitation practices were denied by staff and infection control training was confirmed. The allegations were determined to be unsubstantiated with no deficiencies cited.

The complaint alleged failure to seek medical care and communicate with physicians for residents with scabies symptoms, failure to quarantine symptomatic residents, and failure to discard PPE gowns after use. The investigation included interviews with 6 staff members and review of resident records. The allegations were determined to be false and without reasonable basis.

Based on staff interviews, record reviews, and observations, the allegations were found to be unfounded. Residents with confirmed scabies were treated and isolated appropriately, PPE gowns were discarded after use, and no deficiencies were cited under California Code of Regulations, Title 22.

The complaint involved a physical abuse incident between staff (S1) and resident (R1) on 2024-12-02. The incident was substantiated by video evidence. The staff member was terminated and the facility conducted staff training and an internal investigation.

The investigation found that the staff member treated the resident aggressively, which was captured on the facility's fall detection video system. The staff member was escorted out and terminated. The facility conducted an internal investigation and provided in-service training to all staff. No deficiencies were cited under California Code of Regulations, Title 22.

The complaint was unsubstantiated. Allegations included failure to safeguard resident's dentures, unmet hygiene needs, unclean linens, and unsafe sanitation practices. Interviews and record reviews did not support these claims.

The investigation found the allegations unsubstantiated based on interviews, record reviews, and observations. Staff denied neglecting hygiene or sanitation practices, and records showed scheduled showers and infection control training. No deficiencies were cited.

The complaint was received on 2023-12-08 and investigated starting 2023-12-15. Allegations included failure to seek medical care, failure to communicate with physicians, failure to quarantine symptomatic residents, and failure to discard PPE gowns. The investigation found these allegations to be unfounded.

Based on staff interviews, record reviews, and observations, the allegations were found to be unfounded. Residents with confirmed scabies were treated and isolated appropriately, PPE gowns were discarded after each use, and residents with symptoms not related to scabies were not quarantined. No deficiencies were cited.

The complaint involved a physical abuse incident between staff member S1 and resident R1 on 2024-12-02. The incident was substantiated by video evidence. S1 was escorted out on 2024-12-03 and terminated on 2024-12-04. The facility conducted internal investigations and staff training following the incident.

The investigation confirmed the incident was captured on video, the staff member involved was terminated, and the facility conducted internal investigations and staff training. No deficiencies were cited under California Code of Regulations, Title 22.

The complaint alleged insufficient staffing in memory care, with only an average of 2 caregivers daily and caregivers performing housekeeping chores that limited care time. The investigation included interviews with staff and a witness, observation of staffing during the visit, and review of staffing schedules from July and August 2023. The allegation was determined unsubstantiated as evidence did not support the claim.

Based on interviews, record review, and observations, the allegation of insufficient staffing in memory care was found to be unsubstantiated. Staffing schedules and staff interviews indicated adequate staffing levels, and no deficiencies were cited.

The Licensing Program Analyst observed that all required training per the non-compliance plan was completed by the expected dates, staff were fingerprint cleared, and all hazardous items were secured. Five resident and five staff files were reviewed with no deficiencies cited under California Code of Regulations, Title 22.

The complaint alleged insufficient staffing in memory care, with an average of only 2 caregivers daily and caregivers performing housekeeping duties such as dishwashing. The investigation included interviews with staff and a witness, observations of staffing during the visit, and review of staffing schedules from July and August 2023. The finding was unsubstantiated, indicating no preponderance of evidence to prove the alleged violation occurred.

Based on interviews, observations, and record reviews, the allegation of insufficient staffing in memory care was found to be unsubstantiated. Staffing schedules and staff interviews indicated adequate caregiver coverage, and no deficiencies were cited.

The Licensing Program Analyst observed that all required training topics from the non-compliance plan were completed by the expected dates, all sharp objects and chemicals were secured, and staff were fingerprint cleared. Five resident and five staff files were reviewed with no deficiencies cited under California Code of Regulations, Title 22.

The complaint alleged that staff pureed resident R1's food without authorization and failed to accommodate R1's diet needs by not providing a nutritional beverage. The investigation revealed that the resident's responsible party had provided a diet order for pureed food dated 04/21/2023, and although a physician's report in March 2023 indicated a special diet for a nutritional beverage, the facility did not have an actual physician's order until June 2023. The allegations were unsubstantiated due to insufficient evidence to prove violations.

The investigation found the allegations to be unsubstantiated based on staff interviews and record reviews, including physician orders and dietary communications. No deficiencies were cited, but a case management visit was conducted due to a violation observed during the investigation.

The complaint was received on 2023-04-04 and alleged impolite treatment, verbal abuse, and physical abuse by staff. Interviews with 7 residents and 5 staff members denied these allegations. No reports were found supporting the allegations, and the investigation concluded the allegations were false or without reasonable basis.

Based on interviews with residents and staff, record reviews, and observations, the allegations were found to be unfounded with no deficiencies cited.

The complaint was received on 2023-07-14 and investigated starting 2023-07-21. Allegations included unauthorized pureed food and failure to accommodate diet needs. The findings were unsubstantiated, indicating insufficient evidence to prove violations.

The investigation found the allegations to be unsubstantiated based on interviews and record reviews. The resident's physician had authorized a puree diet, and although there was a delay in obtaining a physician's order for the nutritional beverage, no deficiencies were cited. A case management visit was conducted due to a violation observed during the investigation.

The complaint was received on 04/04/2023 alleging staff impoliteness, verbal abuse, and physical abuse of residents. After investigation including interviews and record review, the allegations were determined to be false and without reasonable basis.

Based on interviews with 7 residents and 5 staff members, as well as record review and observation, the allegations were found to be unfounded. No deficiencies were cited under California Code of Regulations, Title 22.

The complaint alleged insufficient staffing in the Garden House memory care section. The investigation included interviews with staff, observation of staffing levels, and review of schedules and resident records. The allegation was unsubstantiated due to lack of preponderance of evidence.

Based on interviews, record review, and observation, the allegation was found to be unsubstantiated. The facility demonstrated adequate staffing levels with ongoing hiring efforts, and no deficiencies were cited under California Code of Regulations, Title 22.

The complaint alleged insufficient staffing in the Garden House memory care section. The investigation included interviews with staff, observation of staffing levels, and review of schedules and resident records. The allegation was unsubstantiated due to lack of preponderance of evidence.

Based on interviews, record review, and observation, the allegation was found to be unsubstantiated. The facility demonstrated adequate staffing levels with ongoing hiring efforts, and no deficiencies were cited.

The visit involved review of an amended complaint report for complaint control number 26-AS-20220404161647 and a civil penalty issued on 06/12/2024 for a staff member working without a criminal background check clearance.

No deficiencies were cited per California Code of Regulations, Title 22. The amended complaint report and the correct civil penalty form were reviewed and signed during the visit.

The visit included review of an amended complaint report for complaint control number 26-AS-20220404161647. A civil penalty was issued on 06/12/2024 for a staff member working without a criminal background check clearance.

No deficiencies were cited per California Code of Regulations, Title 22. The correct civil penalty form was reviewed and signed by the Executive Director during the visit.

This case management visit is pending investigation.

No deficiencies were cited per California Code of Regulations, Title 22. The report was reviewed with the General Manager and a copy was provided.

The visit was triggered by a case management incident. The investigation is pending and no substantiation status is provided.

No deficiencies were cited during the visit per California Code of Regulations, Title 22. The case management visit is pending further investigation.

The complaint alleged that the facility allowed unauthorized visitors to see resident R1. The allegation was investigated through interviews, document review, and observation and was found to be unfounded.

The investigation found the allegation to be unfounded based on interviews, record reviews, and observations. There was no documentation of restraining orders or unauthorized visitors, and the resident consented to visitations. No deficiencies were cited.

Complaint control number 26-AS-20220404161647 involved an allegation that the facility allowed unauthorized visitors. The allegation was investigated through interviews, record reviews, and observations and was found to be unfounded.

The investigation found no evidence that unauthorized visitors were allowed. Interviews and record reviews showed that resident R1 consented to visits from relatives, and there were no restraining orders or documentation restricting visitations. The allegation was determined to be unfounded.

The Licensing Program Analyst delivered and reviewed the amended LIC809-D with the Interim General Manager, who signed and received a copy of the document. No deficiencies or violations were noted in the report.

The Licensing Program Analyst arrived unannounced and met with the Interim General Manager to review and deliver the amended LIC809-D. The Interim General Manager signed the amended LIC809-D and was provided a copy.

The complaint alleged that facility staff did not seek medical attention for resident R1 in a timely manner due to pain and redness in R1's bunions. The investigation concluded the allegation was unfounded.

The investigation found the allegation to be unfounded based on staff interviews, record reviews, and observations, with no evidence that the resident complained of pain or that medical attention was delayed.

The complaint alleged that facility staff did not seek medical attention for resident R1 in a timely manner due to pain from bunions. The allegation was investigated and found to be unfounded based on staff interviews, witness statements, and record review.

The investigation found no evidence to support the allegation. Staff interviews and record reviews indicated the resident did not complain of pain and there was no indication of medical concerns related to the resident's feet or bunions. The allegation was determined to be unfounded.

The immediate exclusion letter was delivered to the Executive Director, and it was confirmed that the employee is no longer working at the facility.

Based on record review, the excluded employee (S1) is no longer employed at the facility. The immediate exclusion letter was handed to the Executive Director during the visit.

An immediate exclusion letter and declaration of service were handed to the Executive Director during the visit. The report was reviewed with the Executive Director and a copy was provided.

An immediate exclusion letter and declaration of service were handed to the Executive Director during the visit. The report was reviewed with the Executive Director and a copy was provided.

The complaint investigation was unsubstantiated. Allegations included unmet grooming needs, failure to safeguard personal belongings, delayed medical attention, and charging for services not rendered. Interviews with residents and staff, as well as record reviews, did not support these allegations.

The investigation found that residents' grooming needs were being met, personal belongings were safeguarded according to facility policy, medical attention was sought in a timely manner, and the facility charged appropriately for services rendered. The allegations were determined to be unsubstantiated based on interviews and record reviews.

The complaint included allegations that residents' grooming needs were not met, staff did not safeguard personal belongings, staff did not seek medical attention timely, and the facility charged for services not rendered. After interviews with residents and staff, and review of records, all allegations were found unsubstantiated.

The investigation found that residents' grooming needs were being met, personal belongings were safeguarded according to facility policy, medical attention was sought in a timely manner, and the facility charged appropriately for services rendered. The allegations were determined to be unsubstantiated due to lack of preponderance of evidence.

No issues were noted during this pre-licensing inspection. The facility was observed to be ready for licensing, with all required resident and staff files reviewed and found in order.

No issues were noted during the pre-licensing inspection. The facility was observed to be ready to be licensed, pending final approval by the Central Application Bureau.

The facility was toured and found to have appropriate living conditions, including proper furniture, lighting, temperature control, clean linens, safety equipment, and medication storage. Food storage temperatures and safety equipment were also observed to be adequate. The visit was not completed and will be continued on another day.

The facility was toured and observed to have appropriate furniture, lighting, safety equipment, and clean living areas. Medication storage, food storage temperatures, and safety devices were all found to be in compliance. The visit was not completed and a return visit was planned.