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SACRAMENTO – Evergreen Lakeport Healthcare skilled nursing facility in Lake County has received a "AA" citation, the most severe under state law, and a $100,000 fine, the highest fine under state law, from the state of California after an investigation by the California Department of Health Services (CDHS) concluded that poor care of a 44-year-old resident led to her death, State Public Health Officer Dr. Mark Horton announced today.
Records show that the resident required total assistance with daily living activities.
On June 2, 2006, three days after admission, the resident suffered a seizure and aspirated material into her lungs. When staff responded, suction equipment was unavailable in the resident’s room. When an emergency cart was found, it was not stocked with the necessary equipment to set up emergency suction to clear the resident’s airway. Cardiopulmonary resuscitation (CPR) was initiated, but was stopped before paramedics arrived. The death certificate indicated "aspiration and seizure disorder" as the cause of death.
CDHS determined that the facility failed to assess for and prevent aspiration, failed to ensure staff were adequately trained in emergency response procedures and CPR techniques and failed to ensure emergency airway equipment was stocked and available to nursing staff during a life-threatening situation.
All nursing facilities in California are required to be in compliance with applicable state and federal laws and regulations governing health care facilities. Facilities are required to comply with these standards to ensure at least a minimal level of quality of care.
California has the statutory authority to impose fines against nursing facilities it licenses as a tool in its arsenal of enforcement remedies for poor care. The "AA" citation process is part of CDHS’ ongoing enforcement efforts in improving the quality of care provided to residents of the state’s approximately 1,400 skilled nursing facilities.
State citations that require a civil monetary penalty be imposed are categorized as Class B, A or AA. The associated fines range from $100 to $1,000 for Class B, $2,000 to 20,000 for Class A and $25,000 to $100,000 for Class AA.
The citation class and amount of the fine depend upon the significance and severity of the substantiated violation, as prescribed and defined in California law. By providing nursing facilities it licenses with consequences for substantiated violations, CDHS strives to protect the health and safety of vulnerable individuals.
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LAKE COUNTY – A recently released report shows that tobacco sales to area youth are showing a promising reduction.
The Lake County Tobacco Program, a program of Lake Family Resource Center (Lake FRC), released the results of the May 2007 Youth Purchase Survey on Wednesday.
The May report shows that sales have dropped to an all-time low of 8.4 percent, with five stores countywide selling tobacco products to teens under the age of 18.
In May 2005 the rate of sales of tobacco product sales to minors was 43 percent – more than five times the most recent sales figures.
Local communities with 100-percent compliance – meaning no sales to youth – in the May 2007 survey included Clearlake Oaks, Cobb, Kelseyville, Lower Lake, Lucerne, Middletown and Nice.
Stores in three communities sold tobacco products to youth: Lakeport, Clearlake and Upper Lake. The highest concentration of sales was in Upper Lake, where 50 percent of retailers sold tobacco products to minors. In Clearlake, 15 percent of stores sold to minors, and in Lakeport the total was 8 percent of stores selling to minors.
With a member of the Adult Tobacco Coalition, youth coalition members enter selected stores. While in the store, the teens survey tobacco product signage and product placement to assure that the store is in compliance with current California law.
One youth approaches the check stand to attempt a purchase while the other observes. If a sale is made, the two teens leave the store and give the cigarettes to the adult advisor. An immediate evaluation is done of the sale/non-sale that includes whether ID was requested, whether a sale was made, and the age and gender of the sales clerk.
Stores are then notified of the results, including the time and date of the sale, with information regarding the clerk training provided through Lake FRC.
Tobacco program coordinator Michael Rupe said the program works hard to develop educational materials for tobacco retailers, which include free training and fact sheets for owners and employees that teach current laws, required signage, identification verification and other resources.
“The drop in sales is dramatic and shows that we cannot slow down in our education efforts to stop cigarette and other tobacco sales to Lake County youth,” Rupe said. “Not only is it illegal to make the sales, those stores still selling tobacco to youth are putting the health of our community at risk.”
Lake FRC Executive Director Gloria Flaherty said store owners and managers have been receptive to the training, scheduling trainings whenever new staff are hired and to reinforce the information for current employees.
“The mission of Lake FRC is 'Strengthening Families,'” said Flaherty. “Educating retailers and families about the risks of tobacco on teens and children is one way we can accomplish that goal.”
The Tobacco Control Program is funded through a state grant to the County of Lake Health Department, who subcontracts operation of the program to Lake FRC.
For more information about the Lake Family Resource Center Tobacco Control Program, or to schedule a presentation, call Michael Rupe, 262-1611.
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