Vivante Newport Center

Allegation investigated: Residents are not properly schedule for activities according to social factors

Licensing Program Analyst (LPA) Alvaro Ramirez, Jr. conducted an unannounced visit to deliver findings on the above allegation received on January 27, 2026. LPA was greeted and granted entry into the facility and met with Executive Director (ED) Vanessa Valencia. LPA explained the reason for the visit. This Department has investigated the complaint alleging that Residents are not properly schedule for activities according to social factors. Regarding the allegation the following was revealed: During the interviews with individuals six of nine individuals interviewed denied the allegation. During the investigation LPA reviewed the Vivante Newport Center activities calendar for Assisted Living and Memory Care dated February 2026. Per activities calendars, the facility schedules activities separately for Assisted Living and Memory Care residents. During the subsequent visit LPA reviewed the activities calendars dated April 14, 2026. Per Assisted Living activities calendar, at 11:00 a.m. it states food and culture. Per Memory Care activities calendar, at 11:00 a.m. it states seated aerobics and stretching. CONTINUED ON LIC9099-C... Unsubstantiated During the interviews with residents, Resident 4 (R4) reported that the residents are provided with activities according to their needs. Per R5, he requested a ping pong table and reported that they got it right away. R6 stated that the residents are placed in activities similar to their needs. During the interviews with staff, Staff 1 (S1) reported that the activities are tailored to the residents' needs. Per S2, the activities are related to the residents likes and dislikes. During the interviews the ED stated that R1 had been complaining about Memory Care residents coming down for activities and/or hanging out in the patio. Per ED, the residents are properly schedule for activities according to their social factors and needs. Based on the information gathered during the investigation and review of documents obtained, LPA is unable to ascertain if the allegation occurred as reported due to conflicting information. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove or refute the alleged violations occurred; therefore, this allegation is deemed UNSUBSTANTIATED. For today’s visit, there were no citations issued per Title 22, Division 6 of the California Code of Regulations. LPA conducted an exit interview with ED Valencia, and a copy of this report was provided to the facility.the state’s words, verbatim · CDSS document, Apr 14, 2026 · control 22-AS-20260127121507

Type of visit: Required - 1 Year

Licensing Program Analyst (LPA) Celine Rodriguez conducted an unannounced required visit to the facility for the purpose of conducting the required annual inspection. LPA Rodriguez explained reason for visit and was greeted by front desk staff. During the visit, staff on duty contacted Executive Director/Facility Administrator (AD) Vanessa Valencia about visit. LPA observed that current staff are background cleared and associated to the facility. The PUB475 "See Something, Say Something" poster was observed to be located and posted in the mail room. LPA observed the Administrator's Certificate for Vanessa Valencia, which expires on 7/29/2027. LPA toured the interior and exterior portions of the facility with AD Valencia. The facility is a seven-story building (including the lower level basement), and is licensed for 150 residents. For this visit, there are a total of 114 residents in care, of which 24 residents are in memory care, and a total of 8 residents on hospice. LPA toured nine bedrooms total in the assisted living and the memory care unit, and observed that bedrooms were provided with furniture in good repair, clean linens, adequate storage space, and kept free of tripping hazards. Restrooms were observed to be in good repair, toilets were operational, and grab bars and non-skid floor mats were provided. Water temperature was measured to be at 118.4 degrees Fahrenheit. LPA observed that residents were provided with call buttons, of which were tested and observed to be operational. Facility met the minimum two-day perishable and seven-day non-perishable food supplies. Sharp items and knives were inaccessible to residents in care. Fire extinguisher was charged, mounted and located in multiple areas of the facility. Fire extinguishers were dated and tagged for the date of 2025. LPA observed that the most recent fire inspection conducted at the facility was held on 11/11/24, of which inspection was passed, and a pending inspection date for 12/1/25. LPA observed the emergency disaster and evacuation plan, which is posted in a facility binder. LPA observed the egress doors were free of hazards and the exit gates were self-latching and functional. LPA observed evacuation chairs were equipped at the stairwells. Facility had back-up emergency food and water supply, located in the basement. LPA observed that First Aid Kit had all the required components. Toxins were observed to be locked. Medications were observed to be locked in the medication room. For the exterior portion, LPA observed patio furniture under shading, and the grounds were free of any hazards. Facility has an enclosed pool, of which an inspection was conducted on May 2025, and was passed. For today's visit no deficiencies were issued per Title 22 Division 6 of the California Code of Regulations. No citations were issued. An exit interview was conducted with AD Valencia. A copy of this report was explained and provided at the end of visit.the state’s words, verbatim · CDSS document, Nov 18, 2025

Type of visit: Case Management - Deficiencies

Licensing Program Analyst (LPA) Alvaro Ramirez, Jr made an unannounced case management visit in conjunction with Unusual Incident/Injury Report (UIIR) dated August 11, 2025. LPA was greeted and granted entry by Executive Director (ED) Vanessa Valencia. LPA explained the reason for the visit. Per UIIR on July 30, 2025, Resident's 1 (R1's) Primary Care Physician (PCP) had discontinued the medication Aripiprazole 15 mg and replaced it with a new order of Aripiprazole 10 mg to be administered once daily in the morning. Per UIIR on the mornings of August 1, 2025, August 2, 2025, August 3, 2025, August 4, 2025, and August 5, 2025, R1 was given both Aripiprazole 15 mg and Aripiprazole 10 mg. During today's visit LPA reviewed the Physician's orders dated August 2025, for R1. Per Physician's orders as of July 31, 2025, R1 was prescribed Aripiprazole 10 mg, 1 tablet by mouth daily. A Health and Safety inspection was conducted, and LPA Ramirez observed no Health and Safety concerns during today's visit. Based on observations and records reviewed during today’s inspection, one deficiency is being cited per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted with ED Valencia, a copy of Appeal Rights and a copy of this report was provided at the time of exit.the state’s words, verbatim · CDSS document, Aug 15, 2025

From the deficiency page — Deficiency type: Type A · Section cited: CCR 87465(c)(2) · Plan of correction due date: Aug 18, 2025

Incidental Medical and Dental Care (c) If the resident's physician has stated in writing...facility staff designated by the licensee shall be permitted to assist the resident with self-administration, provided all of the following requirements are met: (2) Once ordered by the physician the medication is given according to the physician's directions. This requirement was not met as evidence by: R1 was given both Aripiprazole 15 mg and 10 mg from 8/1/25 to 8/5/25; however effective 7/31/25 R1 was only prescribed Aripiprazole 10 mg.the state’s words, verbatim · CDSS document, Aug 15, 2025

Plan of correction: Licensee to provide an in-service Medication training to staff and email POC to LPA by POC due date.

Allegation investigated: Facility does not ensure residents are treated with dignity Staff handled resident in a rough manner

Licensing Program Analyst (LPA) Alvaro Ramirez, Jr. conduct an unannounced initial visit and to deliver findings on the above allegations received on May 16, 2025. LPA was greeted and granted entry into the facility and met with Health Services Director (HSD) Hazel Rodriguez Zaragoza. LPA explained the reason for the visit. This Department has investigated the complaint alleging that facility does ensure residents are treated with dignity. Resident 1 (R1) was admitted to the facility on January 27, 2023. During the course of the interviews with individuals one of eight individuals interviewed confirmed the allegations. During the investigation LPA reviewed documents including the Resident Rights in Assisted Living dated December 05, 2024 for Staff 1 (S1), dated April 24, 2024, for S2, and dated April, 01, 2024, for S3. During the course of the interviews with staff, S1 reported that residents are treated well and with respect. Per S2 the residents are treated with dignity and reported that staff are nice. CONTINUED ON LIC9099-C... Unsubstantiated S3 reported that she treats the residents with respect and stated that she has never been rude to R1. During the course of the interviews with residents, R2 reported that staff treat him with respect. R2 stated that staff are friendly and accommodating. Regarding the allegation that staff handled resident in a rough manner, the following was revealed: During the course of the interviews with staff, S1 reported that she has never witness staff handling the residents in a rough manner. S2 reported that he has never witness S3 pulling R1's or other residents' arm in a rough manner. Per S3 she has never handled the residents in a rough manner. S3 stated that the residents are assisted in a gentle manner. During the course of the interviews with residents, R2 reported that he has not been handled in a rough manner and stated that are amazing which is a big plus. Based on the information gathered during the investigation and review of documents obtained, LPA is unable to ascertain if the allegations occurred as reported due to conflicting information. Although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove or refute the alleged violations occurred; therefore, these allegation are deemed UNSUBSTANTIATED. For today’s visit, there were no citations issued per Title 22, Division 6 of the California Code of Regulations. LPA conducted an exit interview with facility representative, and a copy of this report was provided to the facility.the state’s words, verbatim · CDSS document, May 23, 2025 · control 22-AS-20250516105836

Allegation investigated: Facility staff failed to conduct necessary reassessment of a resident. Facility staff did not address the presence of a resident assessed to be a danger to themselves and others on the premises. Facility failed to notify a resident's responsible party of an incident. Resident has been locked in their room by staff.

On this day, Licensing Program Analyst (LPA) Kevin Saborit-Guasch made an unannounced visit to the facility for the purpose of following up on the investigation of the four allegations listed above. LPA was greeted and granted entry by the front desk staff after introducing himself and stating the purpose of the visit. Senior Executive Director Bob Fiorentino was present and assisted throughout the visit. An initial investigation visit was conducted on November 13, 2024. Licensing staff conducted a tour of the facility's six levels and common areas and requested resident records during the visit. Additional information was later provided via email. During the present visit, LPA requested the current resident census and daily staff schedule. Licensing staff additionally conducted six staff interviews and two resident interviews. CONTINUED ON FORM LIC9099-C Unsubstantiated CONTINUED FROM FORM LIC9099 Regarding the allegation that Facility staff failed to conduct necessary reassessment of a resident, the following has been concluded: Based on records reviewed and interviews conducted, resident R1 was admitted to the facility on October 31, 2023 and discharged in December 2024. During their period of admission, R1's care needs were documented as having been assessed on four instances in October and November 2023 as well as in May and November 2024. Given the presence of private caregivers for twelve hours a day then around the clock, the points-based needs assessment remained the same through R1's admission. Regarding the allegation that Facility staff did not address the presence of a resident assessed to be a danger to themselves and others on the premises, the following has been concluded: Resident R2 was admitted as a secondary occupant to R1's apartment on the same date. Besides documentation of an altercation between R1 and R2 which had been reported to the Department, no evidence of any health and safety concerns posed by R2 were provided during the investigation. Regarding the allegation that Facility failed to notify a resident's responsible party of an incident, incident reports and communications reviewed appear to indicate that each serious incident involving R1's or another resident's health and safety were adequately reported to the Department, R1's primary care physician as well as to R1's responsible party. Regarding the allegation that Resident has been locked in their room by staff, the following has been concluded: Based on records reviewed and interviews conducted, R1's period of admission was spent in Assisted Living. Throughout this period, the resident is described as having retained the ability to attend meals in the dining room as well as attend the outdoor patio, entertainment activities and the facility's pool in addition to frequent outings in the community. No evidence was provided of the resident's freedom of movement being restricted further than the requirement of being continuously attended by facility staff or private caregivers. As a result, all four allegations are found to be Unsubstantiated, meaning that although the allegations may have happened or are valid, there is not a preponderance of evidence to prove that the alleged violations occurred. An exit interview was conducted and a copy of this report and confidential names list was provided to facility representative.the state’s words, verbatim · CDSS document, Feb 19, 2025 · control 22-AS-20241105092819

Type of visit: Required - 1 Year

On this day, Licensing Program Analysts (LPA) Kevin Saborit-Guasch and Nancy Guillen made an unannounced visit to the facility for the purpose of conducting the required annual inspection. LPAs were greeted and granted entry after introducing themselves and the purpose of the visit to front desk staff. Executive Director Bob Fiorentino was notified of the visit via telephone and arrived later to assist with the visit. LPAs requested and reviewed the facility's resident census, staff roster, Emergency and Disaster Plan, Infection Control Plan, staff records including training records from Relias. A sample of fifteen staff records and fourteen resident records were reviewed during the visit. There are 144 residents admitted at the time of the visit, six of which are receiving hospice care. 26 of these 144 residents are admitted to the Memory Care unit. Resident and staff records were confirmed to include all necessary components per Title 22 regulations. One concierge staff member was however found to be missing a background check altogether. Type A citation and civil penalty issued during the visit. The facility is a seven-story building (including the lower level or basement) organized around a central coutryard. LPAs accompanied by administrator and facility maintenance staff conducted a tour of the interior and exterior of the physical plant. A total of thirteen units out of a total of 91 were visited and reviewed throughout the facility. Rooms were observed to be equipped with furniture in good repair, clean linens, adequate storage space, and kept free of tripping hazards. Bathrooms were observed to be in good repair; and provided with grab bars and non-skid floors and tiling. Hot water was measured in a total of fifteen locations at faucets delivering hot water for grooming purposes. Water was systematically observed to be within the acceptable temperature range. CONTINUED ON FORM LIC809-C CONTINUED FROM FORM LIC809 LPAs and staff additionally toured the facility kitchen. Facility met the minimum two day perishable and seven day non-perishable food stock requirements. Emergency food and water supply observed in the basement food storage. Medications, cleaning supplies, and sharp items were inaccessible to residents in care in the memory care unit. LPA reviewed the physician orders and contents of one of the facility's medication cart. Sprinkler system and fire safety systems were inspected on November 28, 2023 and November 12, 2024. For the exterior portion, facility has a central courtyard with multiple patio and ample quantity of outdoor furniture and activity materials. The routes of egress were free of tripping hazards and the exit gates were self-latching and functional. Proof of liability insurance for the period of 09/01/2022 until 09/01/2023 was provided however due to a recent change of insurance provider, licensee was unable to provide current documentation during the visit and will provide the required documentation at its earliest convenience. One type A deficiency is cited per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted and a copy of this report was left at the facility.the state’s words, verbatim · CDSS document, Nov 13, 2024

Type of visit: Case Management - Incident

On this day, Licensing Program Analyst (LPA) Kevin Saborit-Guasch made an unannounced visit to the facility for the purpose of a case management visit following up on an incident report submitted on March 12, 2024 by facility administrator Mirella Majarez. LPA was greeted and granted entry by Executive Director Bob Fiorentino after stating the purpose of the visit. Following allegations of verbal threats of a sexual nature made by a facility resident towards another facility resident, reports were made to the Newport Beach Police Department (report number pending) as well as to the facility's assigned Long Term Care Ombudsman. The Police Department came to investigate on March 4, 2024 and the Ombudsman on March 8, 2024. Interviews with the involved parties were made. It was also recommended that lab tests were conducted on the involved residents to rule out a potential instance of a cognitive symptoms associated to a Urinary Tract Infection. Tests for one resident came back negative and the other resident's are pending. There have been no further incidents or instances at this time. An exit interview was conducted and a copy of this report was provided to a facility representative.the state’s words, verbatim · CDSS document, Mar 15, 2024

Allegation investigated: Staff failed to meet resident's medical needs Resident sustained multiple falls due to neglect

On this day, Licensing Program Analyst (LPA) Kevin Saborit-Guasch made an unannounced visit to the facility for the purpose of delivering findings into the investigation of the two allegations listed above. LPA was greeted and granted entry by Assistant Executive Director Mirella Manjarrez after stating the reason for the visit. An initial complaint investigation visit was conducted on July 14, 2023. LPA accompanied by administrator toured the Memory Care unit. LPA requested, obtained and reviewed resident records for two residents. Additional staff and witness interviews were conducted. Medical records were obtained from Hoag Health through a subpoena and subsequently reviewed. CONTINUED ON FORM LIC9099-C Unsubstantiated CONTINUED FROM FORM LIC9099-A Regarding the allegation that Residents sustained bed sores due to neglect, the following has been concluded: Based on a review of medical records which include four separate physical examinations performed by multiple attending physicians on June 7, June 16, June 17 and June 18, 2023, there was no noted presence of pressure injuries that would have been sustained by R1 during their admission at the facility. As a result, the allegation is found to be Unfounded, meaning that the allegation is false, could not have happened and/or is without a reasonable basis. An exit interview was conducted and a copy of this report was provided to a facility representative. CONTINUED FROM FORM LIC9099 Regarding the allegation that Staff failed to meet resident's medical needs, the following has been concluded: Based on interviews and records reviewed, resident R1's condition started declining due to the onset of pneumonia. Hospital records reviewed did not point out any new or worsening health condition which could be attributable to inadequate care. Each instance of concern about the resident's health was addressed by a referral to the paramedics and transport to the hospital. A failure to meet R1's medical needs can therefore not be evidenced. The allegation is therefore found to be unsubstantiated, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did occur. Regarding the allegation that Resident sustained multiple falls due to neglect, the following has been concluded: A review of available records evidenced two separate unwitnessed falls occurring on June 6 and June 17, 2023. In both instances, paramedics were activated for evaluation and R1 was transported to the Emergency Department for evaluation and wound care as is required by Title 22 regulations. Facility additionally reported the hospital visits to the Department. However the evidence gathered cannot establish a direct relation between the falls and inadequate care and supervision by facility staff. Shortly after the second fall, the resident was diagnosed with sepsis related by a respiratory infection which may also have contributed to the occurrence of the fall. As a result, the allegation is found to be Unsubstantiated, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did occur. An exit interview was conducted and a copy of the present report was provided to a facility representative.the state’s words, verbatim · CDSS document, Oct 24, 2023 · control 22-AS-20230707142754