1 2 LEGAL DIVISION Department of Social Services 3 MARK M. REESE 4 JOHANNA KATE JOHNSTON, State Bar No 220234 StaffAttorney 744 P Street, MS 8-5-161 Office of Chief Counsel Assistant Chief Counsel 5 Sacramento, CA 95814 6 Telephone Number: (916) 654-1180 Facsimile Number: (916) 654-1171 7 Attorneys for Complainant 8 BEFORE THE DEPARTMENT OF SOCIAL SERVICES STATE OF CALIFORNIA 9 10 11 IN THE MATTER OF: 12 BEDFORD CARE GROUP 2380 E. El Paso Ave 13 Facility No. 1 CDSS No. 7114342102 OAH No. Fresno, CA 93720 ACCUSATION (License Revocation) 14 15 BEDFORDCARE GROUP 2657 Skyview CDSS No. 7114342102B Fresno, CA 93720 16 Facility No. 2 ACCUSATION (License Revocation) 17 BEDFORD CARE GROUP CDSSN0. 7114342102C 18 1115E. Pinehurst Fresno, CA 93730 ACCUSATION Facility No. 3 (License Revocation) BEDFORD CARE GROUP CDSSN0. 7114342102D 19 20 2846 E. Jan Drive Fresno, CA 93720 Facility No. 4 ACCUSATION (License Revocation) 22 BEDFORD CARE GROUP CDSS No. 7114342102E 23 2617E. Shea Drive Fresno, CA 93720 21 24 25 26 Facility No. 5 ACCUSATION (License Revocation) BEDFORD CARE GROUP CDSSN0. 7114342102F 272 W. Everglade Clovis, CA93619 Facility No. 6 27 Costa, S acc. doc ACCUSATION (License Revocation) STEPHANIECOSTA 1 CDSSN0. 7114342102G 2 ACCUSATION (Exclusion Action) 3 STEPHANIECOSTA CDSSN0. 7114342102H 4 ACCUSATION (Revocation and Forfeiture of Administrator Certificate) 5 Respondent. 6 7 JURISDICTION 9 1. 10 11 12 Elderly Act, Health and Safety Code section 1569 etseq., which governs the licensing and operation of residential care facilities for the elderly. 2. 13 14 15 This matter arises under the California Residential Care Facilitiesfor the The regulations which govern the licensing and operation of residential care facilities for the elderly are contained in California Code of Regulations, title 22, section 87100 et seq.1 3. The California Department of Social Services ("Department") is the 16 agency of the State of California responsible for the licensing and inspection of 17 residential care facilities for the elderly and for certifying individuals to be administrators 18 of residential care facilities for the elderly. 19 4. The Department may prohibit a licensee from employing, continuing the 20 employment of, allowing in, or allowing contact with clients of a licensed facility by any 21 employee, prospective employee, or other person who is not a client of an adult 22 residential facility pursuant to Health and Safety Code section 1569. 58 and may revoke 23 or deem forfeited the certificate of an administrator pursuant to Health and Safety Code 24 section 1569. 616(h)(2) and Regulation section 87408(a). 25 // 26 27 1 Subsequentreferences to any regulation section(s) are to Title 22 of the California Code of Regulations. Costa, S acc. doc 1 5. Administrative proceedings before the Department must be conducted in 2 conformity with the provisions ofthe California Administrative Procedure Act, Chapter 5, 3 Government Code section 1 1500 et seq. 4 6. Pursuant to Health and Safety Code section 1569. 52, the Department 5 may institute or continue a disciplinary proceeding against a license -; following the 6 suspension, expiration, or forfeiture of a license and may revoke or deem forfeited the 7 certificate of an administrator pursuant to Health and Safety Code sections 1550 and 8 1562. 3. 9 7. Pursuant to Health and Safety Code section 1569. 58(f), the Department 1o may institute or continue a disciplinary proceeding against a person following the 11 resignation, withdrawal of employment application, or change of duties, or any 12 discharge, failure to hire, or reassignment of the person by the licensee or if the person 13 no longer has contact with clients of the facility. 14 8. Pursuant to Health and Safety Code sections 1589. 51(b) and 15 1569. 58(e), the standard of proof to be applied in this proceeding is the preponderance 16 of evidence. 17 18 THE PARTIES 9. Complainant PAMELA DICKFOSS is the Deputy Director of the is Community Care Licensing Division of the Department. Pursuant to Government Code 2o section 11503, Complainant files this Accusation in her official capacity. 21 22 10. Respondent BEDFORD CARE GROUP is a corporation which was licensed by the Department to operate a residential care facilities for the elderly at the 23 following locations:2 24 A. 2380 E. El Paso Ave, Fresno, CA 93720 ("Facility No. 1") 25 26 2 The corporation hasdeclared bankruptcy, andthe facilities are nowoperating undera different 27 corporate licensee. Costa, S acc. doc 1 Facility No. 1 was initially licensed on March 20, 2006. A copy of Respondent's most 2 recent license setting forth the capacity, limitations, and effective dates accompanies 3 this Accusation as ATTACHMENT A and is incorporated by reference. 4 B. 2657 Skyview, Fresno, CA 93720 ("Facility No. 2"). Facility 5 No. 2 was initially licensed on April 26, 2007. A copy of Respondent's most 6 recent license setting forth the capacity, limitations; and effective dates 7 accompanies this Accusation as ATTACHMENT B and is incorporated by 8 reference. 9 C. 1115 E. Pinehurst, Fresno, CA 93730 ("Facility 10 No. 3"). Facility No. 3 was initially licensed on December 7, 2007. A copy of 11 Respondent's most recent license setting forth the capacity, limitations, and 12 effective dates accompanies this Accusation as ATTACHMENT C and is 13 incorporated by reference. 14 D. 2846 E. Jan Drive, Fresno, CA 93720 ("Facility 15 No. 4"). Facility No. 4 was initially licensed on May 12, 2008. A copy of 16 Respondent's most recent license setting forth the capacity, limitations, and 17 effective dates accompanies this Accusation as ATTACHMENT D and is 18 incorporated by reference. 19 E. 2617 E. Shea Drive, Fresno, CA 93720 ("Facility No. 5") 20 Facility No. 5 was initially licensed on October 13, 2009. A copy of Respondent's 21 most recent license setting forth the capacity, limitations, and effective dates 22 accompanies this Accusation as ATTACHMENT E and is incorporated by 23 reference. 24 F. 272 W. Everglade, Clovis, CA 93619 ("Facility No. 6"). 25 Facility No. 6 was initially licensed on October 21, 2011. A copy of Respondent's 26 most recent license setting forth the capacity, limitations, and effective dates 27 accompanies this Accusation as ATTACHMENT F and is incorporated by Costa, S ace. doc 1 reference. 2 3 11. Respondent STEPHANIE COSTA was the President and Chief Executive Officer of Bedford Care Group. 4 12. Respondent STEPHANIE COSTA was certified on September 9, 2013 5 to be a residential care facility for the elderly administrator. A copy of Respondent's 6 most recent administrator certificate accompanies this Accusation as ATTACHMENT G 7 and is incorporated by reference. 8 9 10 13. Respondent STEPHANIE COSTA was the administrator of Facility No. 2, Facility No. 4 and Facility No. 6 at the time that the allegations in this Accusation occurred. 11 14. Respondent BEDFORD CARE GROUP, by virtue of licensure, must 12 operate in accordance with the statutes and regulations governing the licensing and 13 operation of residential care facilities for the elderly. Respondent STEPHANIE COSTA, 14 by virtue of employment, prospective employment, presence in or contact with clients of 15 a residential care facility for the elderly, is subject to the jurisdictional provisions of 16 Health and Safety Code section 1569. 58. Respondent STEPHANIE COSTA, by virtue 17 of administrator certification, must comply with the statutes and regulations governing 18 the certification of administrators pursuant to Health and Safety Code section 1569. 616 19 and Regulation sections 87408 and 87409. Copies of the applicable statutes and 20 regulations accompany this Accusation as ATTACHMENT H and are incorporated by 21 reference. 22 FACTUAL ALLEGATIONS 23 FACILITY N0.1 24 SUBJECT MATTER: 25 SAFETY PLAN OF OPERATION/ BUILDINGS AND GROUNDS/FIRE 26 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 27 and1569. 58(a)(1) Costa, S acc. doc 1 Regulation sections 87208(a)(7)(A), 87305(a), 87202 and 2 87203 3 ALLEGATIONS: 15. On or about March 28, 2013, Respondents had added a room to Facility No. 1 without informing the Department or obtaining an updated fire clearance. FACILITY NO. 2 7 SUBJECT MATTER: HOSPICE CARE 8 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 9 and 1569. 58(a)(1) 10 ll Regulation sections 87633(a)(4), 87632 and87209(a)(2) ALLEGATIONS: 12 16. From approximately September 25, 2014 to October 29, 2014, Adult No. 13 1 lived in Facility No. 2 while receiving hospice services without a hospice care plan on 14 file. is 17. From approximately September 30, 2014 October 10, 2014, Adult No. 2 16 lived in Facility No. 2 while receiving hospice services without a hospice care plan on ^7 file. is 18. On or about October 29, 2014, three residents were living in Facility No. 19 2 and receiving hospice services. Facility No. 2 had a hospice care waiver for two 2o residents. The residents were Adult No. 1, Adult No. 2 and Adult No. 3. 21 SUBJECT MATTER: ADMINISTRATION OF MEDICATION/PERSONAL RIGHTS 22 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 23 and 1569. 58(a)(1) 24 Regulation section 87465(a)(5) 25 ALLEGATIONS: 26 19. On or about October 29, 2.014 at Facility No. 2, Adult No, 3 received her 27 noon dose of methadone at 1:25 p. m. The previous dose had been administered at 6:00 Costa, S ace. doc 1 a. m. Adult No. 3's Physician's Plan of Care required the methadone to be administered 2 every six hours for pain 3 SUBJECT MATTER: CRIMINAL RECORD CLEARANCE APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b), 5 1569. 58(a)(1) and 1569. 17 6 Regulation section 87355(e) 7 ALLEGATIONS: 8 9 20. On or about April 25, 2013, Staff member Victor Escua was working in Facility No. 2 without a criminal record clearance associated to the facility. 10 FACILITYNO. 3 11 SUBJECT MATTER: PROHIBITED HEALTH CONDITIONS/ACCEPTANCE AND 12 RETENTION LIMITATIONS 13 APPLICABLE LAW: Health and Safety Code sections 1569, 50(a)-(b) 14 and 1569. 58(a)(1) 15 Regulation sections 87455(a) and 87615 16 ALLEGATIONS: 17 21. Fromapproximately June 9, 2014 to July 17, 2014, Adult No. 4 lived in 18 Facility No. 3 while she had a central line implanted for the administration of 19 medications. 20 SUBJECT MATTER: 21 SAFETY 22 APPLICABLELAW: PLAN OF OPERATION/BUILDINGS AND GROUNDS/FIRE Health and Safety Code sections 1569, 50(a)-(b) 23 and 1569. 58(a)(1) 24 Regulation sections 87208(a)(7)(A), 87305(a), 87202 and 25 87203 26 27 ALLEGATIONS. 22. On or about April 22, 2013, Adult No. 5, Adult No. 6, Adult No. 7 and Costa, S acc. doc 1 Adult No. 8 were non-ambulatory and were living in rooms in Facility No. 3 that had 2 received a fire-clearance for ambulatory residents only. 3 FACILIPf NO. 4 4 SUBJECT MATTER: HOSPICE CARE 5 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 6 and 1569. 58(a)(1) 7 Regulation section 87633(a)(4) 8 ALLEGATIONS: 9 23. On or about April 25, 2013, Aduit No. 9 was living in Facility No. 4 and 10 receiving hospice services without a hospice care plan on file. 11 SUBJECT MATTER: CRIMINAL RECORD CLEARANCE 12 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b), 13 1569. 58(a)(1)and1569. 17 14 Regulation section 87355(e) 15 ALLEGATIONS: 16 24. On or about April 22 and 23, 2013, staff member Erwin Cadiz was 17 working in Facility No. 4 without a criminal record clearance. 18 SUBJECT MATTER: PERSONAL RIGHTS 19 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 20 and1569. 58(a)(1) 21 22 ' Regulation section 87468(a)(1) ALLEGATIONS: 23 25. On or about December 28, 2014, Adult No. 10 was transported from 24 Facility No, 4 to the hospital. At the hospital, in the presence of Adult No. 10, 25 Respondent Stephanie Costa engaged in a verbal altercation with Adult No. 10's friend, 26 causing hospital staff to ask Respondent to leave the bedside in order to ensure patient 27 safety.' Costa, S acc. doc 8 FACILITY NO. 5 2 SUBJECT MATTER: -i 4 PLAN OF OPERATION/BUILDINGS AND GROUNDS/FIRE SAFETY APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 5 and 1569. 58(a)(1) 6 Regulation sections 87208(a)(7)(A), 87305(a), 87202 and 7 87203 8 9 ALLEGATIONS: 26. On or about April 25, 2013, Respondents had added a room to Facility 10 No. 5 without informing the Department or obtaining a fire clearance^ 11 SUBJECT MATTER: CRIMINAL RECORD CLEARANCE 12 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b), 13 1569. 58(a)(1) and 1769. 17 14 Regulation section 87355(e) 15 16 ALLEGATIONS: 27. On or about April 25, 2013, staff member Shen Shan Wu was working at 17 Facility No. 5 without a fingerprint clearance associated to the facility. 18 SUBJECT MATTER: HEALTH-RELATED SERVICES/FIRE SAFETY 19 APPLICABLE LAW; Health and Safety Code sections 1569. 50(a)-(b) 20 and 1569. 58(a)(1) 21 Regulation section 87618(b)(3)(B) 22 23 24 ALLEGATIONS: 28. On or about April 25, 2013, two residents were using oxygen tanks in Facility No. 5, and no warning signs were posted. 25 FACILITY NO. 6 26 SUBJECT MATTER: DIABETESCARE 27 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) Costa, S acc. doc 1 and 1569. 58(a)(1) 2 Regulation sections 87628(a) and 87629 3 ALLEGATIONS. 4 29. On or about October 29, 2014, Adult No. 11 was living in Facility No. 6 5 and receiving care for diabetes. He was unable to perform his own glucose testing, and 6 Facility No. 6 did not have an appropriately skilled professional on staff to assist him. 7 SUBJECT MATTER: FALSE CLAIMS APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 9 and 1569. 58(a)(1) 10 11 12 Regulation section 87207 ALLEGATIONS: 30. On or about October 29, 2014, Respondent Stephanie Costa and staff 13 member Marilyn Hernandez falsely stated to a Department representative that Adult No. I4 11 did not require glucose testing. Adult No. 1 1 did require glucose testing and was 15 unable to perform the testing independently because both his hands had been 16 amputated. 17 SUBJECT MATTER: CRIMINAL RECORD CLEARANCE 18 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 19 1569. 58(a)(1)and 1569. 17 20 Regulation section 87355(e) 21 ALLEGATIONS: 22 31. On or about April 12 through April 16, 2013, staff members Anita Gilroy 23 and Apolinario Perez were working in Facility No. 6 without criminal record clearances. 24 SUBJECT MAFTER: PROHIBITED HEALTH CONDITIONS 25 APPLICABLE LAW: Health and Safety Code sections 1569. 50(a)-(b) 26 and 1569. 58(a)(1) 27 Regulation section 87615 Costa, S acc. doc 10 1 2 3 ALLEGATIONS: 32. From approximately June 16, 2012 to June 20, 2012, Adult No. 12 resided in Facility No. 6 while he had a feeding tube. SUBJECT MATTER; CONDUCT INIMICAL APPLICABLE LAW: Health and Safety Code sections 1569. 50(c) and 1569. 58(a)(2) ALLEGATIONS: 8 9 10 33. Respondent Stephanie Costa engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California as follows: 11 12 A. door of the home belonging to Adult No. 1 3, causing damage; 13 14 B. C. 19 On or about March 30, 2014, Respondent scratched Adult No. 13 on the face, causing injury; 17 18 On or about March 30, 2014, Respondent kicked a bedroom door inside the home belonging to Adult No. 13, causing damage; 15 16 On or about March 30, 2014, Respondent kicked the garage D. Onorabout July 19, 2014, Respondent slapped and scratched Adult No. 13, causing injury. 34. Respondents Stephanie Costa and Bedford Care Group engaged in 20 conduct that is inimical to the health, morals, welfare, or safety of either an individual in 21 or receiving services from the facility, or the people of the State of California as alleged 22 in paragraphs 15 through 33, above, and incorporated here by reference. 23 SUBJECT MATTER: 24 APPLICABLE LAW: 25 26 27 ADMINISTRATOR QUALIFICATIONS Health and Safety Code section 1569. 616(h)(1)-(2) , * Regulation sections 87405(d), 87408(a) and 87409(a) ALLEGATIONS: 35. By virtue of the facts alleged in paragraphs 15 through 34, Respondent Costa, S acc.doc 11 1 Stephanie Costa has demonstrated a lack of knowledge of and ability to conform to the 2 applicable laws, rules and regulations and has failed to demonstrate good character and 3 a continuing reputation of personal integrity as required of an administrator. 4 5 CAUSE FOR DISCIPLINE 36. The facts alleged in paragraphs 15 through 32 , individually and/or 6 jointly, constitute violations of licensing laws. These facts provide cause, pursuant to ~l Health and Safety Code section 1569. 50(a)-(b) to revoke Respondent Bedford Care 8 Group's license to operate the facilities. 9 37. The facts alleged in paragraphs 15 through 34, individually and/or jointly, 10 constitute conduct by Respondent Bedford Care Group which is inimical to the health, 11 morals, welfare, or safety of either an individual in, or receiving services from, the facility 12 or the people of the State of California. These facts provide cause, pursuant to hlealth 13 and Safety Code section 1569. 50(c), to revoke the license to operate the facility. 14 38. The facts alleged in paragraphs 15 through 32 , individually and/or 15 jointly, constitute violations of licensing laws. These facts provide cause, pursuant to 16 Health and Safety Code section 1569. 58(a)(1) to prohibit Respondent Stephanie 17 Costa's employment in, presence in, and contact with clients of, any facility licensed by 18 the Department or certified by a licensed foster family agency and from holding the 19 position of member of the board of directors, executive director, or officer of the licensee 20 of any facility licensed by the Department. 21 39. The facts alleged in paragraphs 15 through 34 , individually and/or 22 jointly, constitute conduct by Respondent Stephanie Costa which is inimical to the 23 health, morals, welfare or safety of either an individual in or receiving services from the 24 facility, or the people of the State of California. These facts provide cause pursuant to 25 Health and Safety Code section 1569. 58(a)(2) to prohibit Respondent Stephanie 26 Costa's employment in, presence in, and contact with clients of, any facility licensed by 27 the Department or certified by a licensed foster family agency and to prohibit her from Costa, S acc. doc 12 1 holding the position of member of the board of directors, executive director, or officer of 2 the licensee of any facility licensed by the Department. 3 40. Thefacts alleged in paragraphs 15through 34, individuallyand/orjointly, 4 constitute cause pursuant to Health and Safety Code section 1569. 616(h) and 5 Regulation sections 87408 and 87409 to revoke and deem forfeited Respondent's 6 administrator certificate for residential care facilities for the elderly as a result ofan 7 order excluding Respondent pursuant to Health and Safety Code section 1569. 58. 8 PETITION FOR RELIEF 9 41. WHEREFORE, Complainant requests that Respondent BEDFORD 10 CARE GROUP'S license to operate the residential care facilities for the elderly be 11 12 revoked. 42. WHEREFORE, Complainant requests that Respondent STEPHANIE 13 COSTAbe prohibited forthe remainderof Respondent's life, from employment in, 14 presence in, and from contact with clients of, anyfacility licensed bythe Department or 15 certified by a licensed foster family agency and from holding the position of member of 16 the board ofdirectors, executive director, or officer ofthe licensee ofany facility l7 18 licensed by the Department. 43. WHEREFORE, Complainant requests that Respondent STEPHANIE 19 COSTA's administrator certificate for residential care facilities for the elderly be revoked 20 21 and deemed forfeited. DATED: AUG 1 0 2015 22 Id 23 PAMELA Dl FOSS ( Deputy Director Community Care Licensing Division California Department of Social Services 24 25 26 27 Costa, S acc. doc 13 DELEGATION 1. f hereby deiegate to JoAnn Hirai, as Chief of investigattons Branch ^ Mary Jods as Program Administrator of Aduft and Senior Care Program, Kathi Mowers-Moore, as Chief of the Central Operations Branch, Lori Stames, Chief of the Technical Assistance and Policy Branch, Angela Valdez, Program Administrator for Chitdren's Residential Program, Pauia d'Albenas, Program Administrator for the Child Care Program; Evon Lenerd, Chief of Continuing Care Contracts Branch my power to issue the following administrative pleadings underthe Administrative Procedure Act, Government Code Section 11500 et seq.: (a) Accusations and orders for temporary license suspension prior to hearing, pursuant to Health and Safety Code Sections 1550, 1550.5. 1568. 082, 1569, 50, 1569. 51, 1569. 885, or 1596. 886. (b) Statements of Issuespursuant to Health and Safely Code Sections 1526, 1568.063, 1569.22, or 1596.879. (c) Orders to require that an employee or prospective employee of a facHitynot vwrk or be present in a facilrty pending a final decision of the matter, pursuant to Health and Safety Code Sections 1558, 1568. 066, 1569. 58, or 1596. 8897, They may exercise this power when, in their opinion, the action is necessaryto protect the residents or clients from physical or mental abuse, abandonment, or any other substantial threat to the health and safety of the residentsor clients. (d) Settlement agreements regarding any of the precedingadmintstrative pleadings pursuant to Government Code section 11415.60. 2. These delegations are made pursuant to Government Code Section 7 They shafl remain in effect untii explicitly revoked. DATE: ? *K>f MufcU ^Vz-. WILLUGHTBOURNE Director California Department of Social Services