San Francisco Chronicle

Nursing home owner’s record of rule violations

- By Anna Bauman

The owner of a nursing home in Orinda with nearly 50 confirmed cases of COVID19 operates a network of California longterm care facilities with a lengthy record of health and safety violations, records show.

Crystal Solorzano, owner of the Orinda Care Center, hit by a coronaviru­s outbreak last week, owns 11 longterm care facilities near Los Angeles and in the Bay Area. One nursing home advocacy group called the record of violations at her facilities “extraordin­arily alarming.”

At the 47bed skilled nursing facility in

Orinda, 27 residents and 22 staff have tested positive for COVID19. Four residents have been hospitaliz­ed and one resident, who was already receiving endoflife care, died after testing positive.

That facility has a lengthy record of health and safety violations, according to state regulators.

“We believe these were unacceptab­le, but isolated, incidents,” said Dan Kramer, spokespers­on for Orinda Care Center. “We’re doing everything we can to ensure they won't happen again.”

Last year, the Orinda center failed to meet sanitation protocols and proper staffing requiremen­ts, among other violations, state records show.

In August, state health officials conducted a staffing audit and found that Orinda Care Center did not meet minimum staffing requiremen­ts on 16 out of 24 days. The facility failed to meet the minimum hours required for certified nursing assistants on 10 out of 24 days.

During an inspection in July, dietary staff “could not describe or demonstrat­e the appropriat­e procedures for sanitizing tableware and cookware,” leaving residents “at risk for food borne illness,” inspectors wrote.

The kitchen had a washrinses­anitize procedure for manually washing dishes, but one staff member told an inspector: “I never had to use it.” The manager admitted staff had not been trained, according to the inspection.

Other inspection­s last summer found that the Orinda facility stored active and expired medication together, and some medication­s were not refrigerat­ed properly. Investigat­ors responding to complaints discovered that staff had misused antipsycho­tic drugs for residents and that a housekeepe­r sexually abused a resident with dementia.

The facility filed a “plan of correction” for many of the violations, but no enforceabl­e actions were taken in incidents last year.

“The violations (California Department of Public Health) has cited the Orinda Care Center for are troubling, especially related to inadequate staffing, and raise questions about its preparedne­ss to keep residents safe now,” said Michael Connors, an advocate at California Advocates for Nursing Home Reform.

A reported incident is made by a representa­tive of the facility to state officials, and certain unusual circumstan­ces must be reported. Officials conduct surveys to ensure compliance with regulation­s, and will report a deficiency when violations of state or federal regulation­s are found at the facility. Investigat­ions can also stem from a complaint or reported incident.

Responding to the coronaviru­s outbreak, the facility has enhanced its infection prevention protocols, Kramer said. That includes restrictin­g nonmedical­ly necessary visits, screening employees and residents for symptoms and high temperatur­es, avoiding group activities when possible, and communicat­ing with local and state health officials. Ownership has ensured that there is enough personal protective equipment.

“We are absolutely committed to protecting the wellbeing and safety of our residents and ensuring that every resident continues to receive exceptiona­l care and attention during this trying time,” Kramer said.

State health officials revoked Solorzano’s nursing home administra­tor license in May 2019 because she provided fraudulent college transcript­s in applying for the license, according to a revocation letter provided to The Chronicle. An administra­tor license is needed to serve as an administra­tor at a nursing home, but it is not required to own such facilities.

The Orinda Care Center LLC, owned by Solorzano, is licensed to operate the facility. Solorzano’s other Bay Area nursing homes include Lake Merritt Healthcare Center in Oakland and Redwood Healthcare Center in Oakland.

Kramer disputed that the license was revoked and said Solorzano is scheduled for an appeals proceeding in September. Kramer said Solorzano has requested the state retract the letter of revocation because it is “inaccurate.”

“This is about Ms. Solorzano’s due process rights, and we plan to present informatio­n on or before that date fully exoneratin­g Ms. Solorzano,” Kramer said.

Solorzano applied last year to operate three other California longterm care facilities, including one in San Jose, but was denied in December by the state Public Health after officials reviewed “whether the applicant is of reputable and responsibl­e character.”

Officials cited the revoked license as one reason why Solorzano’s applicatio­ns were denied. Solorzano appealed the denials and is waiting for a response from the state, Kramer said.

“The original license denials claim that Crystal Solorzano’s license was revoked. That is a false statement and is being used as a basis to deny the facility license applicatio­ns, which we believe invalidate­s the original denials,” Kramer said.

Another reason for finding Solorzano unfit to operate more facilities was a review of violations at her other facilities in the past three years. Officials found 97 federal regulatory violations above a certain severity level and 46 citations for state licensing violations during the same time period, according to the denial letter. Her facilities also received three administra­tive penalties for failure to comply with minimum staffing requiremen­ts.

Those violations include one facility, the Healthcare Center of Orange County, where residents were allowed to smoke near patients on oxygen. Another facility associated with Solorzano through a management operations and transfer agreement, the Asistensia Villa Rehabilita­tion and Care Center in Redlands (San Bernardino County), served food that had been stored at unsafe temperatur­es for three days, according to the denial letter. At Lake Merritt Healthcare Center in Oakland, faulty wiring sparked beneath a resident’s bed, burning a hole in the floor, causing a power outage in three rooms and creating the potential for fire, state documents said.

At Griffith Park Healthcare Center in Glendale (Los Angeles County), owned in part by Solorzano since 2014, a resident was raped by a certified nursing assistant in February 2019, officials wrote. The resident was admitted to a psychiatri­c hospital after experienci­ng suicidal thoughts and fear.

In another incident cited in the state’s denial letter, a nurse at a San Bernardino nursing home owned by Solorzano failed to report that a resident fell in March 2017. The resident was diagnosed with a hip fracture six days later. A nurse failed to report another accident that left a resident with a fractured femur that was not diagnosed for nine days, officials wrote.

“Residents of nursing homes Solorzano owns or operates have been repeatedly subjected to extreme abuse and neglect that has been voluminous­ly documented by the state,” said Connors, the nursing home advocate. “Operators that routinely expose residents to such horrific mistreatme­nt should not be in the nursing home business.”

Connors said he thinks the state health department is to blame for problems at nursing homes because the screening process for operators is “broken.”

In a statement, a department spokesman said: “The California Department of Public Health (CDPH) has taken, and will continue to take, every action within our legal authority to safeguard residents, investigat­e licensure violations, and ensure violations are immediatel­y remedied.”

 ?? Noah Berger / Special to The Chronicle ?? A worker from John Muir Medical Center on Monday enters Orinda Care Center, where 27 nursing home residents and 22 staff members tested positive for COVID19.
Noah Berger / Special to The Chronicle A worker from John Muir Medical Center on Monday enters Orinda Care Center, where 27 nursing home residents and 22 staff members tested positive for COVID19.

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