Elixir Care Home

Allegation investigated: Illegal eviction

On 03-23-2026, Licensing Program Analyst, Arvin Villanueva (LPA), arrived unannounced at this facility to conduct a follow-up complaint investigation visit and deliver findings of the allegation noted above. LPA met with licensee/administrator, Maria Dulay, and stated the purpose of the visit. The investigation into the above allegation consisted of record reviews. On December 12, 2025, the Department received documents from the facility regarding the planned eviction of resident R1. After reviewing the information provided, it was determined that the facility did not follow Title 22 requirements for issuing an eviction notice. On November 17, 2025, the facility issues an eviction notice via email to the responsible party. The documents included emails and letters from the administrator explaining that the resident’s care needs had increased, especially due to hygiene routines and long bathroom use, and that the facility wanted the resident moved out by December 31, 2025. The facility did not provide a formal written eviction notice as required by regulation. The materials sent were mostly emails and informal letters, which do not meet the legal standards for eviction. {1 of 2} Substantiated Title 22 requires that a facility give a resident a 30-day written eviction notice that includes a clear and legal reason for eviction, the effective date, and information about the resident’s appeal rights. The notice must also be delivered to the resident, the responsible person, and the Licensing office. Some of these items were not included in the documents reviewed. The facility also did not provide an updated reappraisal, which is required when a resident’s needs have changed and the facility claims it can no longer meet those needs. The emails stated that staff were overwhelmed, and that the resident’s behaviors were difficult to manage, but the facility did not show proof that they completed a reappraisal or attempted interventions before deciding on eviction. Additionally, Title 22 requires that when a facility believes a resident’s needs exceed what they can provide, they must document the steps they took to support the resident and must help the resident plan for relocation. The documents did not show any relocation planning, referrals to other facilities, or evidence of care-planning meetings meant to resolve the issues. The information sent also did not include any written house rules that the resident allegedly violated. Although the administrator mentioned concerns about long bathroom routines and water use, these behaviors were not tied to any written rules given to the resident at admission. LPA Kimberly Viarella consulted with the licensee to update the eviction notice and reissue to R1 and their responsible party. The updated eviction notice was reissued to R1 on February 1, 2026. Based on the review of all documents provided, it was determined that the facility did not issue a proper eviction notice and did not meet several Title 22 requirements related to eviction procedures. The materials submitted on December 12, 2025 do not meet the legal standards needed to proceed with an eviction, and the facility is not in compliance with Title 22 regulations. Therefore, the allegation was substantiated. A finding that the complaint allegation is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. Per California Code of Regulations (CCRs) - Title 22, Division 6, Chapter 8, the following deficiencies are cited on the 9099D during this visit. Licensee was provided a copy of their rights (LIC9058) and their signature acknowledges receipt of these rights. An exit interview was conducted and a copy of this report and appeal rights were provided. {2 of 2}the state’s words, verbatim · CDSS document, Mar 23, 2026 · control 27-AS-20251230164715

From the deficiency page — Deficiency type: Type B · Section cited: CCR 87224(a) · Plan of correction due date: Mar 30, 2026

Eviction Procedures The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5) This requirement is not met as evidenced by: Based on review of the initial eviction notice submitted on 12/10/25, the facility did not issue a formal 30-day eviction notice. Additionally, the required components – including the legal reason, effective date, appeal rights, proper service to the resident, and reappraisals. This poses a potential health, safety and personal rights risks to person in care.the state’s words, verbatim · CDSS document, Mar 23, 2026

Plan of correction: Prior to this visit, the licensee corrected the eviction notice and reissued the updated notice to the resident and their responsible party on February 1, 2026.

Type of visit: Required - 1 Year

On 3/20/26, Licensing Program Analyst (LPA) Cynthia Tamayo arrived at this facility unannounced to conduct a required annual visit. Upon arrival, LPA met with Care staff Rasela Changkwan (S2) and explained the purpose of today’s visit. S2 called the Administrator, Maria Gloria Dulay (S1), and informed them of LPA’s presence. S1 arrived around 11:00AM. This Residential Care Facility for the Elderly facility is a single story building licensed to serve 6 non-ambulatory adults within age range of 60 and over, with a hospice waiver for six. The census is 4 residents and two staff, S2 and Roman Murallo (S3). LPA Tamayo inspected the physical plant including but not limited to the common area, kitchen, dining area, resident bedrooms, bathrooms, laundry room and outside courtyards of the facility to ensure compliance with Title 22 regulations. LPA Tamayo observed the facility to be free of odor, clean and in good repair. There are no bodies of water present. LPA toured the physical plant and observed the following: KITCHEN: Appliances and fixtures were clean and functional. LPA observed seven day non-perishable and two-day perishable food supplies. Meals are prepared by the Staff. Knives and other sharps are locked inaccessible in a drawer. Kitchen and house cleaning supplies are stored in a locked cabinet. LPA observed a weekly menu to be posted. COMMON AREAS: Common areas include the Living Room and Dining Room. All furniture was observed to be clean and in good condition, with enough seating for clients in care. There was space to accommodate both indoor and outdoor activities. LPA noted an Activity Calendar in the living room area and activities stored in the in the dining room area. The dining area was set up to celebrate resident 1’s (R1’s) birthday (R1). Continued on 809-C. INFECTION CONTROL/EMERGENCY DISASTER PLAN: During today’s visit, the LPA reviewed the facility's infection control plan as well as the facility's emergency disaster plan. The facility’s policies and procedures as it pertains to infection control are within regulation. Both documents were observed to be complete and recently updated. Emergency disaster drill is conducted quarterly per regulation. EXTERIOR: Exterior passageways were clean and clear of any obstructions. There is a backyard patio area for client and visitor use with furniture observed to be in good condition. There are no exterior gates. BEDROOMS: LPA inspected facility bedrooms. The facility has five (4) total client bedrooms and (1) staff bedroom. All bedrooms were observed to contain furniture, bedding and linens within regulation. Extra linens are stored in the hallway cabinet. Client bedrooms had no visible hazards or inconsistencies observed. BATHROOMS: There are three bathrooms. All bathrooms were observed to be clean and sanitary, and supplied with paper towels. Water temperature was tested and measured at 121.1 degrees F in the kitchen and 105 degrees Fahrenheit in resident bathroom sink, which is not within the required regulation, S2 adjusted the water temperature during this visit to ensure water temperature is within 105 to 120 degrees Fahrenheit. Grab bars and non-slip mat were observed to be stable and in good repair at this time. MEDICATION REVIEW: LPA reviewed medications which are centrally stored in a locked cabinet in the common area near the facility entrance. LPA observed the centrally stored medications area to be locked and inaccessible to residents. LPA observed the fire extinguisher(s) and first aid kits were up to date. Fire drills are completed monthly. LPA observed smoke and carbon monoxide detector(s) in the facility were in good repair. All emergency exits were clear from obstructions. LPA requested client and staff files for review. LPA reviewed 6 resident files and 3 staff files, including criminal record clearances. A review of staff records indicates that all facility staff or other individuals who require caregiver background checks are fingerprinted and associated to the facility. Administrator holds certification Administrator Certificate # 7001763740 and expires on 11/10/2027. The following documents were requested to be sent to the Regional Office: (1) LIC 308 Designation of Administrative Responsibility (2) Insurance verification (3) LIC 610 Current Emergency Disaster Plan (4) Surety Bond (5) LIC 500 Current Personnel Report As a result of this annual visit, the facility is in compliance with Title 22 Regulation no deficiencies were cited. An exit interview was conducted with the Licensee, and a copy of these LIC 809 reports were left at the facility.the state’s words, verbatim · CDSS document, Mar 20, 2026

The state marks this report as 5 pages; the online copy we transcribed has 3. You can request the full file from the county licensing office.

Type of visit: Required - 1 Year

Unannounced Annual Inspection visit was made by Licensing Program Analysts (LPAs) Kimberly Viarella and Sommer Hayes to this facility on 04/22/25. LPAs identified themselves upon arrival, stated the purpose of the visit, and met with the Licensee/Administrator, Maria "Gloria" Dulay. A brief interview followed. LPA presented Licensee/Administrator with a list of documents to be collected during this visit: LIC 500, LIC 9020, LIC 308, LIC 400, LIC 402, LIC 610E, a copy of liability insurance, blank admissions agreement, updated facility sketch, and a copy of the Designated Facility Administrator's Certificate. The inspection began in the kitchen. All knives were locked and inaccessible to residents in care. The food supply was adequate for 2-day perishable and 7-day nonperishable. LPAs observed packages of bread and leftovers that were not packaged and dated as required. LPA provided technical assistance. LPA compared the facility sketch to the current floor plan and they were identical with no changes. LPA inspected 6 resident bedrooms, 2 staff rooms and an office. All resident rooms had the required furniture, furnishings and lighting to be in compliance at this time. LPA noted soap, paper towels, and trash cans in the 4 bathrooms. The hot water temperature was measured at 108 degrees Fahrenheit and was in compliance. The fire extinguisher was last serviced on 09/18/24 by Sentinel Fire Equip. Comp and was also in compliance. The exterior of the building was inspected by the LPA. There were no bodies of water present and the yard was completely fenced in. LPA observed that all screens and gutters were in good repair. There were shaded areas in the front and rear of the building for residents to enjoy. LPA observed pesticides that were left unattended in 2 places in the yard. The Administrator removed them immediately to ensure that they were inaccessible to residents in care. This deficiency was cited on the LIC 809D page. The LPA observed medications were stored in a locked cabinet in the kitchen. LPA also observed some over the counter/staff medications in another unlocked cabinet. LPA explained that all medications need to be locked up and inaccessible to residents in care. This deficiency was also included in the citation on the LIC 809D page. LPA reviewed storage, dosing, and destruction procedures. A review of the First Aid kit by the LPA found it to be complete and in compliance. A file review was completed by the LPAs. LPAs reviewed 2 resident and 2 staff files. The resident files were in compliance at the time of this inspection. LPA provided technical assistance stating that training needed to be documented in each of the staff files. Copies of completed annual online training had not been printed out. The Administrator stated they will be sent to Community Care Licensing by 05/02/25. LPAs compared the LIC 500 (Staff Roster) with the Guardian roster to ensure that all staff had the appropriate background clearances to care for the residents. All were in compliance at the time of this inspection. According to the California Code of Regulations, Title 22, any deficiencies that were cited during today's inspection were cited on the LIC 809D page. A copy of this report was provided along with APPEAL RIGHTS and an exit interview was conducted.the state’s words, verbatim · CDSS document, Apr 22, 2025

The state marks this report as 6 pages; the online copy we transcribed has 4. You can request the full file from the county licensing office.

Type of visit: Prelicensing

On 04/02/24, Licensing Program Analyst (LPA) Kimberly Viarella made an unannounced visit to this facility to conduct a pre-licensing inspection. LPA identified herself upon arrival, stated the purpose of the visit and asked to meet with the Licensee/Administrator. LPA met with Maria Gloria Dulay and a brief interview followed. LPA noted the Administrator/Licensee, Maria Gloria Dulay's certificate, # 7001763740 expired on 11/10/25. The inspection began in the kitchen. All knives and sharps were locked and inaccessible to residents in care. The food supply was adequate for 2-day perishable and 7-day nonperishable. Opened packages in the refrigerator were dated appropriately. LPA inspected an additional pantry and 7 items were randomly selected. All had valid expiration dates. LPA inspected 6 resident bedrooms and 2 staff rooms and an office. All resident rooms had the required furniture, furnishings and lighting to be in compliance at this time. LPA noted soap, paper towels and trashcans with lids in the bathrooms. The hot water temperature was measured at degrees Fahrenheit and was in compliance. The 2 fire extinguishers were last serviced on Sentinel Fire Co. on 02/9/24 and were also in compliance. The exterior of the building was inspected by the LPA. There were no bodies of water present and the yard was completely fenced in. LPA observed that all screens and gutters were in good repair. There were shaded patio areas in the front and rear of the facility with furniture to accommodate the needs of residents in care. LPA tested both of the gates at either end of the facility. One had a self-closing mechanism, the other did not, however, when this was brought to the Licensee / Administrator's attention, she had it immediately repaired prior to this LPA finishing the inspection LPA toured the garage as well and observed refrigerators and a food supply for staff as well as a separate location for staff to rest during their scheduled breaks. The LPA observed medications were stored in a large locked metal cabinet in the kitchen and inaccessible to residents in care. Medications were primarily the pill packs provided by the pharmacy. LPA reviewed storage, dosing, and destruction procedures. A review of the First Aid kit by the LPA found it to be complete and in compliance. LPA spent time reviewing PRN documentation to ensure that staff documented the results of PRN administration. Licensee / Administrator added an additional column to their log sheets to ensure that staff made the appropriate notes regarding medication effectiveness. LPA reviewed 2 resident records and 1 staff file and all the required information was present in each. LPA completed Comp III with Licensee Administrator. According to the California Code of Regulations, Title 22, there were no deficiencies observed or cited during today's visit. This facility passed its pre-licensing inspection. A copy of this report was provided. Exit interview.the state’s words, verbatim · CDSS document, Apr 2, 2024

Type of visit: Office

COMP II by CAB successfully completed Method: Phone Call at CAB Applicant/administrator participated in COMP II at CAB telephone call with analyst at CAB. Identification of the applicant and administrator was verified by presenting photo ID via phone. During COMP II, applicant and administrator confirmed the understanding of Title 22. Component II was successfully completed. Applicant and administrator were advised to email/fax signed LIC 809 with copy of photo ID to CAB. During COMP II, CAB analyst confirmed Applicant/Administrator’s understanding of following areas: 1. Facility operation: License type, client/resident populations, and program 2. Staff qualifications and responsibilities 3. Applicant and Administrator qualifications 4. Program policy: Abuse, admission agreement, medication management, reporting incidents to CCL, restricted & prohibited conditions 5. Grievances, Complaints, Community resources 6. Physical plant, food service 7. Application document review and technical assistance: Criminal record clearance, Health screening, Fire clearance, First Aid/CPR certificate, Administrator certificate, Financial verification, Pre-licensing inspection, Compliance history, Control of propertythe state’s words, verbatim · CDSS document, Feb 7, 2024