Atherton Gardens

Allegation investigated: Staff did not provide resident with proper notification prior to rate increase Staff are retaliating against resident for filing a complaint

On 9/19/2025, Licensing Program Analyst(LPA) John Calandra conducted a phone call to deliver conclusionary findings for this complaint investigation. LPA explained the purpose of the visit via voicemail as no facility representative picked up the phone. Complaint alleged that staff did not provide proper notification of a rate increase. Per the Health and Safety Code, if a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of its rate structures for services, the licensee shall provide no less than 90 days’ prior written notice to the residents or the residents’ representatives except for an increase in the rate due to a change in the level of care of the resident. Based on document review and interviews, R1 was provided a 3 day and 30-day notice of a rate change due to a change in the level of care needed for the resident based on a reassessment of their needs and services. Unsubstantiated Complaint also alleged that staff are retaliating against a resident for filing a complaint. Based on document review and interviews, the facility increased R1’s level of care charges due to a change in their needs and services as specified in a recent reassessment of the resident. Based on the fact that R1 had been re-evaluated and that their rate was increased due to a change in their level of care, the above allegations are unsubstantiated. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. Therefore, the above allegations are unsubstantiated at this time. No deficiencies cited. An exit interview was conducted. This report will be sent to the Licensee with a request to sign and send a copy back to the Department by 9/26/2025.the state’s words, verbatim · CDSS document, Sep 19, 2025 · control 14-AS-20250616151620

Allegation investigated: Staff handled resident in a rough manner resulting in resident sustaining an injury Staff spoke inappropriately to resident in care

On 9/19/2025, Licensing Program Analyst(LPA) John Calandra conducted a phone call to deliver conclusionary findings for this complaint investigation. LPA explained the purpose of the visit via voicemail as no facility representative picked up the phone. Complaint alleged that staff handled resident, R1 in a rough manner resulting in resident sustaining an injury. Based on interviews, R1 requires assistance with transfers and S1 assists them. According to S1, they hold R1’s hand during transfers. R1 has been diagnosed with a disease that causes them to shake and wears a large watch loosely on their arm which led to the injury. Complaint also alleged that staff spoke inappropriately to resident, R1. Based on interviews, R1 has asked staff if they have called them inappropriate words as R1 has hearing difficulty. Based on interviews and observations, staff speak to all residents in a respectful manner. Unsubstantiated Based on information gathered at this time, the allegations are unsubstantiated. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore the above allegation is unsubstantiated at this time. An exit interview was conducted. This report will be sent to the Licensee with a request to sign and send a copy back to the Department by 9/26/2025.the state’s words, verbatim · CDSS document, Sep 19, 2025 · control 14-AS-20250527153117

Type of visit: Required - 1 Year

On September 27, 2024, Licensing Program Analyst(LPA) John Calandra arrived at the facility at 10:25 AM to conduct the unannounced Annual 1-year required inspection. LPA Calandra was greeted by Kimberly Hovorka, Administrator and explained the purpose of the visit. LPA Calandra toured the physical plant. This is a 1-story building with 4 bedrooms, 2 bathrooms, a living room, dining room, kitchen, activities room, front and backyards. No accessible bodies of water or hazards were observed. The facility has a swimming pool and hot tub but both are fenced off (fence is higher than 5 feet) and in-accessible to persons in care. All bedrooms had the required furniture and sufficient lighting. The facility bathrooms had the required grab bars and anti-skid floor mats. The facility's hot water temperature was measured within the required range of 105-120 degrees Fahrenheit. The facility's first aid kit had the required scissors, tweezers, current edition of the first aid manual approved by the American Red Cross, thermometer, bandages, sterile first aid dressings. The facility's fire and carbon monoxide detectors were observed to be in working order. The facility's fire extinguishers were observed to be fully charged and last checked on 11/3/2023. The facility also has night lights in place in hallways and throughout the home. The facility had the required 7 days of non perishables and 2 days of perishables. No food was expired. LPA Calandra observed 1 resident sleeping in their room, and 2 residents in the living room/activities room participating in an activity. All sharp objects, poisons, and cleaning supplies were observed to be locked and in-accessible to persons in care. LPA requested and received the following documents at the facility: -Current Liability Insurance -Current LIC 500 - Administrator's certificate for Kimberly Hovorka LPA Calandra reviewed 3 resident files and 2 staff files. All were observed to be complete. The facility does not handle cash resources for residents as of 9/27/2024. A review of Centrally Stored Medications indicated that medications for residents were properly labeled with instructions on dosage and times of day and matched the Centrally Stored Medication Records(CSMR) kept at the facility. No deficiencies were cited during today's visit. An exit interview was conducted. This report was reviewed with Kimberly Hovorka, Administrator and Lara Mlkeush, Administrator/Caregiver and a copy of the report left at the facility.the state’s words, verbatim · CDSS document, Sep 27, 2024