Dss Complaint Today

7/31/2019 Dss Complaint Today

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Dept of ocial ervice is

Dept of Senior Shame(2006-2012)

My Complaint to DSS CCL


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My Complaint

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Department

of Social Service (DSS) and Community Care Licensing (CCL)

1. Vendor application denied by the Department of Social Service in 2006

2. Government official incompetence, fail to perform duties after obtainingthe consideration, failure to admit mistake. (2007)

3. abuse small residential care home residents, caregivers andoperators.(2010-2011)

4. suspended my administrator license for 2 years in 2007-2009 without anexplanation, reinstated my administrator status in 2009 without anapology.

5. My vendor application to DSS, denied by the Department twice in 2006 and2010.

6. Violation and intentional mis-interpretation of Title 22 in elderly abuse. DSSCCL applied double standard or lack of standard in their inspection andvendor evaluation

7. Government officials and chief of DSS conflict of interest involvement asspeakers in a fee seminar

8. retaliate on E. Hillsdale Rose Garden operator and licensee (2010-now)

9. gave a 24000 plus dollars fine for retaliation (2010-2011)

10. These vendor applications triggered a series of retaliation which led toclosure of E. Hillsdale and revocation of all licenses needed to operate acare home. (2006-2012)

11. Intentional misrepresentation of government to negotiate with vendorapplicant by retired DSS chief and current DSS dept manager.


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My Complaint (cont)12. removal of my elderly residents and revoked my administrator license and

facility license (2011)

13. thrown out 70 of my submitted curriculum for Group Home (GH), AdultResidential Facility (ARF) and Elderly Residential Care Facility (RCFE) Initialcertification (ICPT) and Continue certification curriculum(CEPT) (2011)

14. Falsification of claims and accusation on legal document, brought back tolive of resolved and cleared deficiency from 2009. (3 years ago) 2012

15. Failure to protect and to enforce regulation to protect the elderly

16. Abuse of government power given by the public

17. Poor LPA training and administration covered up for their own mistake18. Bias and injustice in investigation and inspection and application analysis

and wrongful accusation to denied my application to throw out mycurriculum, licenses: my qualification, my care home compliance, the nineelements,

19. Wasting of public resource in legal proceeding

20. Impede government economy recovery21. Chapter 7 bankruptcy; eviction from primary home, eviction from care

home, no income; my residents, my employees and my family suffered.(2010-2012)

22. I didnt get paid for work from a BPPE BVNPT approved school as shownon their websites. Failure to maintain their work standard.

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23. Denied by BPPE

24. Complaint to BPPE on approved school oftheir website

25. I paid school rent longer than 3 years whenBVNPT on their website stated that not min9 months. When I called to find out my

application status. I kept hearing complaintfrom the staffs about their poor benefits,union fight and poor working morale. Theyworked according to their pay.


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2005


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2005Awards

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In 2005, I have received multiple

appreciation awards from healthcare facilities I had worked for

many years. I felt some proud of

myself. I spent my life saving to

purchase an overpriced home to

run a residential care facility (107 E.

Hillsdale Rose Garden).


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2005 Purchased of Care HomeRose Garden

The residents in house were only actors

and relatives of the sellers. It was a scam

with sellers and agents.

There was no $12000 per month income

as claimed on the advertisement. It was a

lot of real property tax each year for noincome for a long time to acquire

operating licenses; all kind of clearance,

business set up and gets my first resident

to live in the house.


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2012

This is what I have topay today, even I hadno income and I ambeing evicted and sued.

All the unfortunatethings happened to me.

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Who am I ? (I was a proposed vendor instructor and

care home administrator and licensee of RoseGarden 2005-2012)?

My qualification

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I had been an administrator for Sylvia Board and Care Home inSan Francisco in 1999. ARF administrator certification, I had

been a foster care nurse in the Department of Public Health formore than 5 years and now Administrator of Rose Garden inSan Mateo since 2005 and held a valid Administrator licensefrom the State of California, Administrator CertificationSection thru December 2011. I have a valid and currentregistered nurse license from Board of Registered Nursing. I

worked as a nurse for more than 30 years with dual masterdegree in nursing and education, adult education credential.


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My qualification to be a vendor DSS said that I didnt qualify to teach vendor education

Gibson, Nobis etc. approved vendors were less qualify than me.

Dept chief (including Gary L. Palmer and Charles Boatman) from DSS presented infee seminar on 6/18/2010. Charles Boatman had worked in current job with RCFEfor less than 4 years. Minimum of 4 years were required to apply as a vendor.

Charles Boatman gave out ceu that he approved for himself. What process did hewent through to do that? Who qualify him? Economic 700 forms?

CCL cited me couldnt teach first aid to my family and employee because whatJeung called conflict of interest, even thought, I had a life time career as a nurse

and I am a American Red Cross CPR/AED and first aid education instructor. CCL also cited me for no first aid card. I had CPR and First Aid to work as a nurse.

Because of that, nurse was exempted from providing a first aid card. It was waivedwhen I first apply for the facility and administrator license in 2005. Jeung , LPA,have forgotten that for her absence for years in the facility or she did very poordocumentation on what she supposed to look for, or she was very bias withoutgiving care home operator a chance to defend themselves. It was here if Jeung

asked. It didnt mean it was not here, just because Jeung didnt see it. Jeung never do any interview and ask and fine $1000 on first day 6/30/10 because

she had to come out with some money for fine, no defense allowed.

Cleared and corrected deficiency from years ago came to live when they wereneeded for facility accusation, it was cleared with Jeungs own original handwriting. Definitely there was no urgency and no harm to residents because it wasso long ago. Why made this an accusation and claimed that revocation of facility

and my administrator license for elderly residents health and safety per title 22.


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1988-1993 Vocational training

teaching credential

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1989 MA

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1989 Training system development

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1993 MSN

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PHN

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1997-1999 RCFE administrator

certificate from CDSS

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1999 Sylvia care home license

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2002 Residential Services Specialist

Training

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2003

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2003 Adult Residential Administrator

Certificate

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2005 nurse appreciation awards

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2005 FosterCare nurse

training

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2005-2006 Foster

Care nurse

training

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2005 Residential care home certificate

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2007

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2007 Adult Residential Facility

Administrator certificate

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Nursing Faculty

approval fromDCA 2007

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Board of Registered Nursing approved me as a Continuing

Education Provider

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I applied for CEU provider from BRN in 2006

Result: I became the approved vendor to teach

RN CEU since 2006

I applied for a CEU and administrator class

vendor in 2006

Result: I was denied to become a vendor

Administrator status was suspended for

renewal indefinitely

Re-instated in 2009

Applied for vendor again in 2009-2010Denied again in 2010-2011

Approved by LPA Alan Elner in 2011

Denied again by Charles Boatman, manager of

ACS in DSS in 2011 stated that my care home was

not in compliance (He never set foot in my

facility, LPA Jeung came to harass and

intimidated me, my residents and my caregivers6 days and 2 days from Boatmans scheduled

date for his decision phone conference for my

vendor application

Facility and administrator license revoked by

DSS CCL, demanded 30000 dollar fine, removed

elderly residents and I filed bankruptcy.

2006


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2008 Avastin ANTI-VEGF Therapy

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2008 Critical Care Update

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2008 Adult education training

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2008 Certified wound care consultant

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2008

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2008

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I got this certificate in 2009, after it

had expired from DSS

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2009-2011 RCFE administrator

certificate

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2010 CDPH Health Facility Evaluator

Nurse certificate

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2010 Patient licensing surveying

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2010

surveyor

training

CDPH

>SNF Licensing Surveys

>Elements of a SNFRecertification Survey

Plan of Correction

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Long Term Care Training 2010

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2011

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2012

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Sylvia Lee RN PHN MA MSN WCC

e-mail address: [email protected]

Cell: (415) 425-6445

Education backgroundMSN from SFSU in 1993-Nursing

MA from SFSU in 1989-Education and Technology

BA from SFSU in 1983-Chinese

AS from CCSF in 1978-Science

Registered nurse in California RN494151 Exp 6/30/2013

Wound Care Certified expired on 12/2013

Board of Register Nurses CEU provider expire on 12/2013

Public Health Nurse Certificate (permanent)

Bay Area Red Cross CPR/first aid instructor (current)California driver license N7723843 Exp 5/13/2013

Adult Education certificates in Chinese, business and vocational training

Graduate certificate in System Training and Development

CBEST certificate

Employment Experience


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Employment Experience

California Department of Public Health, Health Facility Evaluator Nurse Licensing and Certification

California Nurse Vocation Institute- Program Director

California Nurse Vocation Institute theory and clinical instructor

Chinese Hospital-Hospital Educator

California Pacific Medical Center in San Francisco-Pacific Campus Oncology

California Pacific Medical Center in San Francisco-Davies Campus Per-diem SNF

California Nurse Vocation Institute-Nurse Instructor

St. Francis Memorial Hospital-Acute rehab nurse

Self Help Home Care and Hospice-Home care case manager

TB clinic nurse-TB clinic

San Francisco Foster Care Nurse-Public Health nurse of City and County of San Francisco

Self Help Home Care and Hospice-Case managerCharge nurse and nursing supervisor-Saint Francis Height in Daly City

Charge nurse-Kindred Hospital

Float pool RN-Veteran Administration Medical Center in San Francisco

Special Assignment nurse-San Francisco County Jail 3 in San Francisco and County Jail 7 in Daly City

Hospice nurse-preferred Choice Hospice in San Francisco

Nursing Supervisor of Crystal Spring Rehabilitation Hospital in San Mateo

MDS nurse- Beverly Health Care Center in San Francisco

Staff Nurse-Hillhaven Health Care Center, San Francisco

UCSF Clinical Lab assistant in San Francisco General Hospital

Speak and write Chinese fluently.

il i di


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11.3 miles or 15 min distance

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DSS CCL

851 Traeger Avenue, Suite 360

San Bruno, Ca 94066

to

E. Hillsdale Rose Garden

107 E. Hillsdale Blvd

San Mateo, Ca 94403

CCL Inspections2006 -2009 No problem & No fine

6/30/10 LPA Jeung came to search residents& caregivers of Rose Garden7/6/10 Boatman set this date to give me my

vendor application decision, but he never callon this day, as I have waited.

3/18/11 LPA Jeung came to harassresidents & caregivers in Rose Garden,deliver huge accumulative civil penalty to30000 dollars but this visit was not in CCLs

record3/21/11 10 am Boatman set this date to give

me my vendor application decision, but hedid call this time to deny my application


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DSS CCL came on these date to Rose Garden

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6/30/2010

7/12/2010

8/3/2010

8/9/2010

9/16/2010

A lt f th 5 i it


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As a result of these 5 visits

Vendor application denied by Charles Boatman

70 CEPT (continue education curriculum got thrown out), I havenever seen my work again since 3 years ago, I sent them out toACS (Administrator Certification Service).

RCFE, ARF, GH denied for ICPT(Initial Administrator training)This is the second time for I was denied in 2006 and 2010.

Administrator and facility License revoked

Residents were taken out of the facility Employees left and became unemployed My Chapter 11 converted to Chapter 7 bankruptcy Lost my CDPH HFEN job for no fault Evicted from my own Home in San Francisco after 40 years

Moved in Rose Garden that was vacated by license revocation Evicted from Rose Garden and sued by Trustee Continue to be sued for money My life shattered in harassment, intimidation, suppression,

retaliation, suffered from government official corruption andabuse.

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After a long persistent struggle andrefused to give up, every residents,employees in my care home and myfamily suffered, I have suspicion that these

visits and conference calls timing wererelated but I want to hear the final verdictfrom Boatman to believe that thesesenseless harassment, intimidation,retaliation and suppression was not true. I

hoped and kept telling myself that all mysuspicion were not true. I had to hear itfrom Boatman to believe myself.


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6/30/10 LPA Jeung came to searchresidents & caregivers of Rose Garden7/6/10 Boatman set this date to give memy vendor application decision, but henever call on this day, as I have waited.


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3/15/2010 Alan Elner, Boatmans vendor analystsent me an e-mail that Elner approved theprogram and it was now on Boatmans desk for

final approval. Since then, I had called Boatmaneveryday from 3/15/10 to 3/18/2010. He deferredto tell me his final decision until 3/21/2010. On that

3/18/2010, Friday and over than weekend, Ianticipated the result of Boatmans decision afterAudrey Jeung, LPA from San Bruno came todelivery her $30000 fine to my care home, but just

couldnt believe my suspicion until I hear it on3/21/2010 at 10:00 am from Boatmans mouth to

give me his denial in word. I asked him for a denialletter, after many months for asking, but still didnt

get the denial letter.


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3/18/11 LPA Jeung came to harassresidents & caregivers in Rose Garden,

deliver huge accumulative civil penaltyto 30000 dollars but this visit was not inCCLs record

3/21/11 10 am Boatman set this date to

give me my vendor applicationdecision, but he did called this time todeny my application.


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3/15/11 Monday

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Alan Elner, LPA of ACS approved mycurriculum and he said that the applicationand curriculum were on Charles

Boatmans desk for final approval.

3/15/2010 Elners e mail that my


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3/15/2010 Elner s e-mail that mycourse was approved by him

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Hi Sylvia regarding the 8 hour dementia course, It is off my desk andin Charles hands. I have approved it, but he is just doublechecking. If you scroll down to the bottom of this email, youll noticethe information on the 2-hour Safe Medication Practice that Ineeded. I can only find an upgraded outline for the Dementia class,not the medication class. If you did not send it to me, let me know if

you plan on submitting the additional information I requested. It isntextensive, so let me know if you have any questions. Thanks andtake care

- Alan Elner, Vendor Analyst- Administrator Certification Section

- 916-657-3392.

P.S. I will be out of the office next week for all day training on Tuesdayand Wednesday.

CCL study


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CCL studyA Study of Community Care Licensing's Data Systems for Residential CareFacilities for the Elderly in California: Summary of Findings

Flores, C., T. Donnelly, J. Fecondo, R. Newcomer. (2007) Report funded by theCalifornia Healthcare Foundation. San Francisco: University of California.This research represents the first attempt to systemically evaluate a statemonitoring system by assessing current availability of information, practicedifferences across state offices, and variations among facilities based on size.

A stratified random sample of 340 Residential Care Facilities for the Elderly

(RCFEs) was selected from 3,349 facilities licensed in Northern and CentralCalifornia. Facilities were stratified by capacity (bed size 1-6, 7-15, 16-49, 50-99,100+) and by the district office of Community Care Licensing (CCL), the regulatoryagency. Six (6) of the fourteen (14) CCL district offices were visited (Chico, Fresno,Rohnert Park, Sacramento/Stockton, San Bruno, San Jose). These district officescover approximately 50% of all RCFEs in the state, and 49 of the 58 counties. The

project's study time frame was 2000 through June 2006.As of January 2004, the law was changed, decreasing the required annual on-site evaluations of RCFEs to a minimum of once every five years. Pre andpost licensing inspections, as well as those in response to complaints,continued as before (Official California Legislative Information, 2005).

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Findings - Availability & Completeness of Records:


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Findings - Availability & Completeness of Records:25 files (9.2%) requested were not available for review: 15 could not be

found and 2 were "problem" facilities with files not ready for review (2-Sacramento/Stockton, 11-San Bruno, 4-San Jose); 8 were in satelliteoffices (Rohnert Park/Sacramento-Stockton).

9.2-10% of files requested were not available5-6 % requested files could not be found.2 requested problems files were not ready for review.Personnel Reports were incomplete and not up to date.90.7% of Admission Agreements were dated from the time of initial

licensing and did not represent current changes in the law.CCLD personnel must completely review facility files to remove anypersonally identifying information to make the file available as apublic record, and be present for the review, a staff intensive andtime consuming process.Files were large and cumbersome to review. The format and lack ofexplanation of the contents and relative importance of documentsdiminishes their value for consumers or professionals using the files.Access to the files remains a major issue,


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II. Enforcement Practices

Community Care Licensing conducted annualon-site evaluations of every RCFE until 2004

when the policy was changed reducing theseregular visits to at least one every five years.Besides this official evaluation visit, othertypes of visits include case management,

complaint investigation, pre-licensing, post-licensing, and office visits.


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II. Enforcement Practices

Community Care Licensing conducted annualon-site evaluations of every RCFE until 2004

when the policy was changed reducing theseregular visits to at least one every five years.Besides this official evaluation visit, othertypes of visits include case management,

complaint investigation, pre-licensing, post-licensing, and office visits.

Findings Citations (Refer to Section III On Citations)


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Findings Citations (Refer to Section III. On Citations)

Findings Enforcement Actions:

The existence of enforcement actions was identified by

several ways in the public file.A few (N=9, 2.9%) had a probationary status listed on

the license due mostly to problems with criminalclearance.

13 (4.1%) facilities had evidence that a compliance plan(i.e., an agreement with CCLD to comply with a plan ofcorrection related to specific quality of care issues) wasin place.

Penalties were assessed on 168 (4.4%) of total citations

and ranged in amount from $50-1000. The mostcommon penalty amount was $100, most frequentlyassessed for lack of criminal record clearance on a staffperson.

III Citations


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III. Citations

Title 22, Division 8, Chapter 6 of the California Code of Regulations consists ofthe nine articles. Articles Six through Eight are the focus of this projectbecause they include regulations regarding the care and supervision ofresidents, physical plant and safety, and other medical care and quality ofcare concerns. There are more than 100 numbered subsets of regulationswithin these articles.

Article Six (Continuing Requirements) includes continuing care requirementssuch as medications, staffing, and personal accommodations and services.

Article Seven (Physical Environment) includes requirements for the physical plantand fire safety.

Article Eight (Incidental Medical Care) addresses regulations regarding restrictedand prohibited medical conditions.

There are two types of citations issued:

Type A=Serious, meaning a failure to comply presents an immediate orsubstantial threat to physical health, mental health or safety of theresidents; or

Type B=Less serious, meaning a failure to comply does not present animmediate or substantial threat to physical health, mental health or safetyof the residents.

Findings Article 8 (Incidental Medical Care):


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Citations regarding Article Eight (8) accounted for 254 (6.6%) Type A citations [e.g.,stage three and four pressure ulcers, higher level of care needs present], and 212(5.5%) Type B citations [e.g., failure of facility to notify CCLD of a resident with arestricted condition] among the sample facilities during the five year study time

frame.The most frequently cited regulation within Article eight was related to dementia

care, accounting for 56% (N=261), e.g., inadequate staff training, insufficientstaffing levels to meet the needs of the dementia residents, residents in need ofhigher levels of care and failure to comply with specific state requirementsregarding the care of persons with dementia.

Other frequently cited Article 8 regulations included 50 (10.7%) citations regardingoxygen administration [e.g., unsafe practice, lack of skilled care available]; 46citations (9.9%) regarding prohibited and restricted health conditions [e.g.,higher level of care necessary] and 42 (9.9%) citations regarding healing wounds[e.g., pressure ulcers].

Examples of less frequently cited regulations, included deficiencies in the use ofhome health agencies (N=11, 2.4%), managed incontinence (N=10, 2.1%),diabetes (N=10, 2.1%), injections (N=9, 1.9%) and hospice care (N=9, 1.9%).

Deficiencies related to the personal rights of residents accounted for 7.4% (N=174)of total citations [e.g., restraint use, care not provided in a manner that respectsdignity, lack of information].

V. General Findings


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California state law requires, and CCLD maintains or has access to, aconsiderable amount of information on RCFEs. However, the current systemis not meeting the needs of CCLD, consumers, providers, or policy makers,nor is it efficient or cost-effective.

The current State data system is incomplete, not integrated and not easilyaccessible. The results of this study indicate that differences in the practicesamong district offices with respect to focus of attention and thoroughness ofrecording may affect data reliability.

Although the citation and complaint information is the most current in publicfiles,none of this information is available on CCL's web site. And given thesubstantial change in policy in 2004, trend data on these indicators are notreflective of practices in earlier years. Further, the system is now complaintrather than survey focused.

CCLD's has limited the web site information to facility name, contact person,address, telephone number, bed capacity and responsible districtoffice.This limitation makes the on-line system far less useful than it has the

potential to be.State law requires providers to submit complete information on personnel.The public files typically lacked complete or updated personnel reports.There is no online reporting system regarding staffing for providers' use..


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Resident characteristics so essential for quality assurance are not integrated oraccessible. Resident information is maintained on site by facilities. The requiredphysician's report identifies many resident characteristics [e.g., age, medicaldiagnosis, medications, functional limitations, cognitive impairments]. Other

resident information is maintained in confidential files at district offices. Forexample, reports are filed by facilities on any unusual occurrences [e.g., falls, errors,medical events]. Such information could be computerized to describe residentcharacteristics, nature of services provided, health care utilization [e.g., hospital, ER,and EMT use], and other level of care factors while protecting confidentiality.

Findings - Enforcement Information

California provides no online information or access to electronic files regarding

enforcement actions such as survey results, complaints, deficiencies or fines.

This research is supported in part by a grant from theCalifornia HealthCare Foundation to the Departmentof Social and Behavioral Sciences at the University of

California San Francisco.

Conclusion


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From this Community Care Licensing study (2000-2006), we learn that

9.2-10% of files requested were not available

5-6 % requested files could not be found.

2 requested problems files were not ready for review.

Communication problem iof various level in the DSS, CCL in and out of the office.

CCL Records were not complete, unavailable and not ready for review, CCL recordsystems were faulty, CCL violated regulation they supposed to enforce and causefinancial damages to the facility. CCL should be given a record incomplete citationby this study.

Scope: All the elderly who live in California Residential care facilities and assisted

living facilities. Severity: Unable to retrieve accurate information, miscommunication at various

level, from administration to field inspection and clerical in the office and out of theoffice to the care homes. Care Home had no information of what was going on inpolicy and procedure or any change in regulation. Not available, not found, notready were unacceptable excuses, worse than incomplete. If you couldnt govern

your agency, how do you go out and govern and enforce regulation to otherfacilities and hand out fine and civil penalty.

According to other care home operators I met in the past, we did not trust the DSSCCLs ability to hand our documents. I lot of mistakes were made in the past and

DSS CCL refused to admit them and the care home was the one to follow up andeventually suffered from DSS CCLs own mistake. There were a lot of untold story

out there among RCFE licensee and operators. Not to mention intentionalsuppression and retaliation to silence those who dared to speak up and speak out.


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Personnel Reports were incomplete and not up to date.90.7% of Admission Agreements were dated from the time of

initial licensing and did not represent current changes in the

law. 90.7 % was a significant number. What correctiveintervention the DSS CCL office had done to correctthis mistake. Failure to provide a role model and finefacility for law they violate themselves.

In term of Scope, CCL had a 90.7% bigger problem thanmy 4 residents care home for a max capacity of 6.

In term of severity, CCL failed to communicate to carehome operators about change of law and regulationand lack of following. CCL failed to reflect currentchanges and laws and CCL charged heavy fine on the

very same citation they have committed themselves. IfDSS CCL abuse residential residents how could theydelivery a heavy fine on basis of retaliation and closedmy care home for my facility for intentional andwrongful accusation.


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2004 when the policy was changed reducing these regularvisits to at least one every five years

CCL only come at least once every 5 years. How come inshow up on the schedule day 7 and 3 days prior toBoatmans conference call related to his decision of myvendor status. Show up on average twice a month for 3months to Rose Garden to harass the residents and staffswhen there was no complaint to the residents care.

Type B=Less serious, meaning a failure to comply does notpresent an immediate or substantial threat to physicalhealth, mental health or safety of the residents.

In 2009 CCL inspection, prior to Boatmans firstvendor decision conference call, I had only 4 type Bcitation for record completion problem. It waschecked off by CCL as cleared and resolved. How

come all 4 of these resolved Type B (less serious )appeared on the CCL accusation document.


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2006

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I refused to admit business failure and shatteredmy life long dream which was to do what coulddo best as a nurse for >30 years, which was totake care of people. My financial account leaked

and ran into a budget deficit, and I have to usemy own resource to cover the business dailyoperating expenses and I could see the crisis iscoming. I tried different ways to get myself out

of this situation by applying to become a vendorof the administrator training as one incomesource to me for my employee and my residentsin care home.


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This was my 2006 vendor application

2006 Vendor application


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2006 Vendor application

I submitted my

application for vendor.

This was part of theapplication content I

submitted that met the

requirement but they

said that I was not

qualified. I have taken

classes from Nobis and

Gibson. Both man were

not nurses and trained

in health care nor asocial worker. Gibson

had only 0 to 1 client in

his care home.


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2006

Instructor

qualification in

When I apply

for vendor in2006 and 2010

I copied and

sent in all mycredential and

certificates.

2006


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2006

Course outline

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The red arrow pointed atthe 9 element. In the 3ways conference withTom Shetka, CharlesBoatman and me, I was

denied because TomShekta said that I didnthave. Charles Boatmantold me.My 9 elements werethere in 2006, 2010 and

every time I submittedmy application, I nevermiss.

2006


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2006Lecture outline Day 1

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Lecture outline Day 2

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2006


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Lecture outline Day 3Day 3

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2006


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Lecture outline 6

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7/27/2006


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In 2006, I was sued by the

State of California DSS for

applying to become a vendor

and was rejected by the

department for providinggood care to the resident

sand working hard to pay bills

committed no crime. It was a

waste of the government and

taxpayers money to give

criminal charges that DSS

never follow up.


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My administrator license was put onsuspension and sued by the CDSS immediately

without getting an official denial letter. It tooka very long time for me to get Shektas denialletter and without any kind of notification norfollow up and DSS even forgot what happen inthe next 2 years, except I was the only oneasking again and again for why they cashedmy renewal check but never sent me a

certificate nor give me any explanation whynot.

1/9/2007


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1/9/2007

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1/9/2007This is my draft to

appeal in 2007 but I

was told it is not

what you know butwho you know. I felt

very hopeless.

I have noted all the

response on the

original letter

2/13/2007 .


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2007

I waited and waited and, finally

in 2007, I got a denial letter from

Tom Shekta (division chief,retired in 2011) and Mary James

(LPA of my vendor application

whom retired in 2010.

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3/15/2007


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R i d i 2007 l


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Revised in 2007 appeal

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3/20/2007

Yes, I did

appeal. This ismy appealletter to TomShetka in

2007.

Please study the following LPA bribery


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Please study the following LPA bribery

case (2007-2011)

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LPA Bribery happened in2007-2009

Investigation began in 2010

In Dec 2010, one involved LPA left the CCLdepartment.

In April 2011, 2 involved LPAs terminated fromCCL department.

LPA bribery 2010-2011 p1


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SAN DIEGO, Calif. (CBS 8) -- A bribery scandal is being investigated at thestate's Community Care Licensing office in San Diego, a division of theCalifornia Department of Social Services.

Officials confirm the employment of three state inspectors has beenterminated after they were accused of taking thousands of dollars inbribes from operators of local residential care facilities for the elderly.

The state licensing inspectors worked at the offices of Community CareLicensing in Mission Valley. They are identified in court documents asConchita Valero, Lydia Williams and Christina Nepomuceno.

The employees held the job title Licensing Program Analyst (LPA) and, assuch, they inspected and licensed assisted living homes for the elderly inSan Diego County.

According to a search warrant dated June 2 obtained by News 8,investigators are now seeking bank records to try to prove that the stateinspectors were taking bribes from the owners or operators of several

assisted living facilities.We needed a search warrant to search the LPAs home but LPA could

search our innocent elderly they supposed to protect anytime without

cause except for retaliation to the licensee. I asked Susan Roman Clark

for reason in our meeting.

LPA bribery 2010-2011 p2Iris Ramirez 49 runs four senior care homes in Mira Mesa under the name
http://ftpcontent.worldnow.com/kfmb/misc/ccl_warrant.pdfhttp://ftpcontent.worldnow.com/kfmb/misc/ccl_warrant.pdf


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Iris Ramirez, 49, runs four senior care homes in Mira Mesa under the name

Ambassador Senior Retreat.

The search warrant alleges Ramirez bought airline tickets to fly LPA Valero and

LPA Williams to the Philippines for a vacation, and also gave Valero $2,800 incash.

In exchange, Ramirez's licenses were fast tracked and "completed in two months

or less" instead of the average "five to six months," according to the warrant.

When interviewed by investigators, Ramirez "stated that the airline tickets were a

gift'; a thank you' for licensing her facility so quickly," the warrantalleges. Each airline ticket cost $1,044, the warrant reads.

"Ramirez admitted to paying LPA Valero $2,800 cash and that LPA Valero was

probably' not documenting deficiencies at the facilities in exchange for the

money," according to the warrant.

Contacted at her home in Murrieta, Ramirez told News 8 the airline tickets andthe $2,800 in cash were gifts and she refused to answer questions.

"I don't want to say anything more. Sorry," said Ramirez.

Also named in the search warrant is the Eternal Sunshine Care assisted living

facility on Quince Street in San Diego's Oak Park neighborhood, owned by

Selma Teer, 36.

LPA bribery 2010-2011 p3Th h t l i T h d h d h i Mi M th t h


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The search warrant claims Teer had purchased a home in Mira Mesa that shehoped to license as a Community Care facility; and gave LPA Nepomuceno$3,000 in cash.

When Nepomuceno left on medical leave from work, the search warrant claimsTeer left the following voice mail message on Nepomuceno's state-issued cellphone:

"(You are) not returning my call. You are not paying my money back. You want abribe for my application for my license. You lied. You are such a liar. You want abribe, do your job. You don't do your job; you give me my money back."

In an interview at her Oak Park facility, Teer denied using the word "bribe" in the

voicemail message, and said she did not bribe anybody."I don't even know what a bribe is. I don't know the meaning of it," Teer said.

Teer told News 8 she believed the $3,000 in cash she paid to LPA Nepomucenowas a loan, and that the payment was set up by her former business partner,Iris Ramirez.

"Iris Ramirez is the one that put me in this position," Teer said. "I'm 100% helpingpeople. So you help people and this is what you get."

The search warrant also names Happy World residential care facility in Poway,once run by 56-year-old Maria Blume; and the Golden Touch III facility in MiraMesa, formerly operated by Blume's nephew, who gave LPA Williams $5,000 in2009, according to the records.

LPA bribery 2010-2011 p4Blume initially told News 8 she would answer questions about the bribery


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Blume initially told News 8 she would answer questions about the bribery

allegations, but then did not return a message left on her cell phone

seeking comment.

A spokesperson for the California Department of Social Services declined tocomment on the ongoing investigation but did confirm the employees in

question are no longer on the payroll.

"Each employee has a right to privacy and I'm not going to discuss personnel

matters," spokesperson Michael Weston said. "I can just tell you that these

three individuals no longer work for the Department of Social Services."The bribery allegations remain under investigation by the Department of Social

Services and no criminal charges have been filed against any of the state

employees or the facility operators.

On Monday, News 8 requested access to the public inspection files for all seven

assisted living facilities in question. Weston said the records will be madeavailable in the coming days after confidential information is removed.

Thats all these LPAs got for punishment. Fair or un-fair? These LPAs were

able to go find another job for another agency.

For me, I had nothing wrong to my care home and residents and

employees, but I got listed punishments from DSS CCL for speak up and

speaking out on slide 10.


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Please visit CCLD website to see thisphenomena of branching in RCFE.

By typing in City and/or County you are

looking for in your facility search.

https://secure.dss.cahwnet.gov/ccld/securene

t/ccld_search/ccld_search.aspx

F/u LPA bribery 2010-2011 p2
https://secure.dss.cahwnet.gov/ccld/securenet/ccld_search/ccld_search.aspxhttps://secure.dss.cahwnet.gov/ccld/securenet/ccld_search/ccld_search.aspxhttps://secure.dss.cahwnet.gov/ccld/securenet/ccld_search/ccld_search.aspxhttps://secure.dss.cahwnet.gov/ccld/securenet/ccld_search/ccld_search.aspx


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One complaint said the facility's "room temperature was too cold," anothersaid "facility staff are over medicating" a resident, and a third alleged the"facility is not maintaining a sufficient amount of food to sustain theresidents in care."

The records reveal a total of 10 alleged violations against the facility that werelater dismissed by state inspector Valero. Time and time again, Valerodetermined the allegations were "unfounded" and "dismissed thecomplaint," taking no action against the facility's owner, Iris Ramirez.

At her home in Murrieta, Ramirez told News 8 the cash paid to Valero and theairline ticket to the Philippines were "gifts." She declined to answerquestions about the ongoing bribery investigation.

Inspection records from the three other senior care facilities owned byRamirez show a similar pattern. Between 2007 and 2009, inspector Valerorepeatedly found "no deficiencies" at the facilities.

It wasn't until 2010 after the bribery investigation began that new licensingprogram analysts took over and started finding problems when they

inspected the assisted living homes owned by Ramirez.Evaluation reports from Aug. 2010 found bathroom water too hot, missing

medical records for residents, and old medications not destroyed.

F/u LPA bribery 2010-2011 p3bl l f h h


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News 8 was unable to contact Valero for comment at her home inRancho Bernardo. She did not respond to a phone messagerequesting comment.

Valero and two other state inspectors also accused of taking bribes --no longer work at the Community Care Licensing office. Valero'semployment terminated April 29, 2011, according to the CaliforniaDepartment of Social Services.

LPA Lydia Williams was terminated from the Community Care Licensingoffice on April 27, 2011, officials said. A June 2 search warrant

alleges Williams was paid bribe money in 2009; and that sheaccompanied Valero and Ramirez on their vacation to thePhilippines.

The third LPA terminated from Community Care Licensing in MissionValley was Cristina Nepomuceno, who left on Dec. 1, 2010,

according to state officials. Nepomuceno was accused of accepting a$3,000 "loan" from another facility operator, the search warrantsaid.

The bribery allegations are part of an ongoing investigation by theDepartment of Social Services, according to the search warrant. Nocriminal charges have been filed.


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I want to know if Charles Boatman (came to this

current job less than 3 years in 2010, AudreyJeung, Carol Marcroft , Susan Roman Clark, Jeff

Hiratsuka (appointed to this post in 2009) retired

or moved on to another State position already to

clear their involvement in these illegal businessbefore launching an investigation.

With all the complaint I filed, it was no responses.

When there was a responses, it was harsher andharsher suppression and retaliation to my facility

and to me, the licensee.

Series of


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Series of

complaint 1

100

(2009)For LPA bribery case 1

F/u LPA bribery 2010-2011 p1SAN DIEGO Calif (CBS 8) -- A state licensing inspector at the center of a bribery


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SAN DIEGO, Calif. (CBS 8) A state licensing inspector at the center of a briberyinvestigation repeatedly cleared complaints filed against the operator of a MiraMesa residential care facility for the elderly, according to California Department ofSocial Services records obtained by News 8.

Court records show the operator of the facility, Iris Ramirez, admitted to giving theinspector $2,800 in cash, and paying $1,044 for the inspector's vacation flight tothe Philippines.

On Thursday, the California Department of Social Services released hundreds of pagesof records to News 8 from its Community Care Licensing office in Mission Valley.The records detail the inspection history at four Mira Mesa care facilities ownedby Ramirez called Ambassador Senior Retreat I, II, III, & IV.

The inspector, Licensing Program Analyst Conchita Valero, was assigned to monitor allfour facilities between 2009 and early 2010, according to the records.

At Ambassador Senior Retreat I in the 8200 block of Hydra Lane in Mira Mesa, theinspection records reveal a series of complaints filed against the assisted livinghome between 2007 and 2009.

If you check the CCL website for facility search, you will find a lot of branches of care

home from the same owner, up to 5. How do they get around of these inspection and

for these special privilege owners, they kept opening up more and more facility. I only

had one max capacity of 6 residents. I was draining financially and suffered

harassment, intimidation, suppression, and retaliation from the DSS CCL that lead to

closures and bankruptcy and eviction. (see slides-------)

Series of complaint
http://ftpcontent.worldnow.com/kfmb/misc/complaints.pdfhttp://ftpcontent.worldnow.com/kfmb/misc/complaints.pdfhttp://ftpcontent.worldnow.com/kfmb/misc/complaints.pdf


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2007For LPA bribery case

p2

Series of complaint 3


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Series of complaint 3

103

2007

For LPA bribery

case p3

2007


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2007

Failure to perform duties after received feeto renew my administrator license

I have to send the following documentation

twice for 2 separate investigations in 3months to get reinstated.

suspended my administrator license for 2years in 2007-2009 without an

explanation, reinstated my administratorstatus in 2009 without an apology.

104

2007


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105

These were some of the

documents that I

submitted twice with avalid and correctly

completed and on time

application for

Boatmans investigation

to have my

administrator status,finally reinstated.

2007


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2007

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2007


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2007


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2007


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2007


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2007


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2008


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6/12/2008


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6/12/2008

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I paid my annual

licensing fee every

year.

In 2008, one day late

to submit the fee was

375.5 dollars and187.5 was late fee.

2009


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2009Timeline:

4/29/2009 Licensing Inspection(a good inspection, document completion only and no

fine. Licensing didnt come back nor contact Rose Garden until 6/30/2010)6/22/2009 3pm conference with Boatman

He said that he would send me the administrator certificate

9/15/2009 I waited 3 more months and nothing came

I got my administrator certificate dated on 12/9/2009

I told Boatman I would want to reapply for vendor

6/30/2010 Licensing came for inspection at 3pm and gave a 1000 dollars fine in the 2 hoursshe stayed to do her house search on fingerprint clearance, without giving a chance forcare home to defend itself. All my relief worker were current care givers in other carefacility with complete documents.

Come in 5 more times with a 26400 dollars fine for no health and safety problem toresidents and like CCL claimed quoted from title 22 to remove my facility andadministrator licenses.

6/30/2010 7/12/2010 8/3/2010 8/9/2010 9/16/2010

2009


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2009

116

False accusation and impeding justice forCCL included old findings from 2009inspection which had long been resolved

with no consequence to residents.

2009


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2009

2009

117

Front page of this LeeDefault.docxdocument

2009


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118

Page 3 ofAccusation.docx

Allegations on4/24/09

4/29/20094/24/2009


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My administratorlicense was suspended

because I applied tobecome a ACS vendorand was denied in 2006& 2010. I sentcaregiver in the facilitytake the administrator

class, to theexamination andacquire a administratorlicense to work in thefacility.My staff ratio was 1

staff to 4 independentmale residents. Oneresident went to workoutside everyday viaCal Train.

7/1/2009


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Also included in this

letter is anacknowledgement ofdeficiencies

corrected to thesatisfaction of CCLD

There are no

additionaldeficiencies observed

today.

Old and resolved accusation came alive

h DSS CCL d th


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whenever DSS CCL needs them

121CCL entered clearance date : 5/15/2009

Careless handling of confidential

d t


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documents

The following documents were not what CCL wanted togive me.

I got these document in Audrey Jeungs own originalhand writing in blue.

On 11/19/10 meeting with Clark and Jeung, they threwat me these original documents which landed in frontof me on the table. I accidentally picked them up alongwith my own documents at the end of the meeting.

CCL never asked for these documents back. I believedthat they could reproduce another set any time.

2009


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The blue ink notewas in LPAAudrey Jeungsown hand writing

2009


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The blue ink notewas in LPA AudreyJeungs own handwriting

It was markedincomplete

because LPA askedfor qualification ofthe medicationtraining developer.

2009

4/29/09 was an excellent visit because I only


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4/29/09 was an excellent visit because I onlyhave 4 Type B deficiencies on record

completion and were acknowledged by LPAAudrey Jeung for correction. Why do CCLbring the resolved issue up again after morethan a year? There must not be any urgency.

Why did CCL bring resolved minordeficiencies from 2009 (3 years ago) back tolive on the accusation document and said

that it led to Rose Garden Care facility andadministrator license revocation.

125

[No Subject]

Hide Details

FROM:sylvia lee
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FROM:sylvia lee

TO:[email protected]

Message flagged

Monday, November 16, 2009 8:34 AM

Mr. Boatman:

It has been more than 1 week that we haven't talk you I was expecting yourcall last week, but no call from you. Did you talk to that one more person (awoman) for your investigation? I faxed you my documents one more time one

more time last month and from our conversation last August 20089. You saidthat you don't remember. You have checked my documentation and it wasyour agency false and you will give me the retro active certification asadministrator. I waited and waited, do know if I should be getting something inmail like a certificate like I used to get in the past. Or, your word don't countand sadly you don't even remember what is this all about and who I am. You

called me at 3pm in August 2009 when I was pumping gas in a Arco gas stationin San Francisco after I came back from Oakland. You called me and said thatmy administrator status will be reinstated because of your agency was a falsefor the next 2 years because I suppose to renew in Sept, 2009. It was unjust foryou to ask me to give me less

11/16/2009 1 8am

11/16/2009 2 8 am
http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0


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than 1 month for this certification because of all the loss I have incurredfor not being an administrator and I have to continue to operate my carehome business and subject to California licensing compliance, rules andregulations and I have done every thing right and you have cashed myadministrator renewal fee. (see my fax of cashed bank check I obtainedfrom my bank among all the CEU classes I completed) I am not going to befor less than a month as administrator. I waited and waited to get my

certification and it never comes. I have to display my certification in thecare home. It is a requirement which is well understood for all theoperators. Whenever licensing analyst came they always ask for thedisplay. I called up and find out that no one remember what was said to bedone back in August. I am very disappointed. Then, we started the processof investigation again with all my resubmitted document. Thanks God, Ifound them. I thought the ordeal was over back in August 2009. I alsocommunicated with Christine, if she still work in your office. May be shecan remember asking me for all the document. I have asked and calledyour office in the past and like talking to the stone wall. The response wasI was not an administrator there was no record of it. I was not in the

file and your system. That is why I retrieved my cashed check from the backand gather all the documents as you requested that I have done everythingright to get my renewal. Have you examined my documents? It was the sameas last few times that I fax you If you told me that I was your agency mistake


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as last few times that I fax you. If you told me that I was your agency mistakein August 2009. Why would it be different with the same documentation andfacts now in Nov,2009, three months later, if you still remember. I have a lot

of doubt about what your agency works for. To create more redundancy inpaper work and delay. I want a closure on this matter, please. May be it isbetter to communicate not over the phone and waiting for phone call but todo e-mail. I can should my evidence and refresh someone's memory andsubmitted it to DCA for mediation. I need a response to day. My care homeis in business and I am a legitimatize administrator. Because of all thismistakes. I have hired an administrator to work for me and she told me that Iam not an administrator and she is. I have suffer enough of this dispute. Istarted this care home business in 1995 in San Francisco and I am anexperienced administrator and care home provider. I should be able to runmy business. In 2006, I applied to become a administrator initial certificationand was turned down for disputable reason. It have been all these manyyears and again your agency is at false again. I am very frustrated with all this

happening and waiting for no result. I will submit paper directly to you tosecure its existence, to avoid disappearance on your end and I will do carefuldocumentation to avoid any retaliation on top of this matter. I will sendthem to day by e-mail or fax.

Sylvia Lee 11/16/2009 3 8am

Dec 2009


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I finally got my administrator certificate re-instated. I told Boatman that I wanted to apply

for vendor again after denial in 2006, I was so

happy that my status got re-instate and I washopeful that I may be able to get the vendor

application approved after almost 4 years later

RE: Hide Details

FROM:Boatman, Charles@DSS
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TO:sylvia lee

Message flagged

Monday, November 16, 2009 9:17 AM Ms. Lee, I apologize that it is taking more time to resolve this issue than I

anticipated. However, I need to consult with our attorneys on this matter.The fact of this case is that you application to become a vendor was deniedeffective 8/6/2007. We received your administrator renewal application onOct 2, 2007. As far as I can tell, we did not process your application in part

due to the pending administrative action against your vendorapplication. Thank you for sending in the fax. I hope to get back to youvery soon.

Charles Boatman, Manager

Administrator Certification Section

1700 9th St., Suite 200, MS. 19-47 Sacramento, Ca 95814

Direct line: 916-324-4318

Fax: 916-324-3982

11/16/2009 from

Boatman 9 am

RE:

Hide Details

FROM:sylvia lee11/16/2009 1 10pm
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TO:Charles@DSSBoatman

Message flagged

Monday, November 16, 2009 10:14 PM Thank you for your response. To be fair, I also need a lawyer representation. A

very simple matter and get more and more complicated. This happened in2007 and now is 2009. This has not been resolved for more than 2 years. I amthe only one actively pursuing a solution and I have never received any letter,any notice and any explanation on what your agency do to my administrator

status. I have never gotten any official communication from your agency onthis matter which I think I am entitle to as a consumer and your payer for youhave cashed my check, however, you did not perform your duty. It is alwaysme who is calling your agency in this past 2 years, ironically enough that I waspromised with a solution and it never come true and once again we arestarting a new round of investigation for this event should have happenedmore than 2 years ago. If you are not going to process my paper for

administrator, shouldn't you tell me why but yet you cashed my application feecheck and what is that mean. You have taken the compensation but notperforming your duties, not even providing an explanation to your action aslong as 2 years. I don't

care givers, There are a lot of course we can teach in a variety of subjects thatare very pertinent and relevant for our residential care home care givers toensure of clients safety. Please check and I will mail out the original and

li ti f t Aft l th 2 f iti I h
http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0


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application fee to morrow. After longer than 2 years of waiting. I hope we cansolve this very unfortunate problem. I am not only involved and active withthe nursing community and I have enclosed the documents that I have

approved for NA and HHA and Acute care training program from CaliforniaDPH Licensing and certification unit. We have a on-going clinical training sitein St. Anne which is one block away from our school, California NursingAcademy and Resource Center. Please let the qualify people teach, we knowwhat we are doing and to benefit our caregivers and clients in thecommunity. Two plus years is a long time to wait. We have been abandoned

by you outside the door. I worked with a multitude of health careprofessional and a very dynamic group for MD, pharmacist, psychiatrist,psychologist, PhD, RN, Clinical Nurse Specialists and other allied health careprofessionals who are more than qualified to do these jobs of educating ourresidential care community.

Yours truly,

Sylvia leeNA, LVN and RN program director ofCalifornia Nursing Academy andCalifornia Nurses and Vocational Institute

12/14/2009 2

11/16/2009 1


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Mr. Boatman:

It has been more than 1 week that we haven't talk you Iwas expecting your call last week, but no call from you. Didyou talk to that one more person (a woman) for yourinvestigation? I faxed you my documents one more timeone more time last month and from our conversation last

August 20089. You said that you don't remember. You havechecked my documentation and it was your agency falseand you will give me the retro active certification asadministrator. I waited and waited, do know if I should begetting something in mail like a certificate like I used to getin the past. Or, your word don't count and sadly you don'teven remember what is this all about and who I am. Youcalled me at 3pm in August 2009 when I was pumping gasin a Arco gas station in San Francisco after I came back fromOakland. You called me and said that my administratorstatus will be

11/16/2009 2


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reinstated because of your agency was a false for 2 yearsbecause I suppose to renew in Sept, 2009. It was unjust foryou to ask me to give me less than 1 month for thiscertification because of all the loss I have uncured for notbeing an administrator and I have to continue to operatemy care home business and subject to California licensingcompliance, rules and regulations and I have done everything right and you have cashed my administrator renewalfee. (see my fax of cashed bank check I obtained from mybank among all the CEU classes I completed) I am not goingto be for less than a month as administrator. I waited and

waited to get my certification and it never comes. I have todisplay my certification in the care home. It is arequirement which is well understood for all the operators.Whenever licensing analyst came they always ask for thedisplay. I called up

11/16/2009 3


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and find out that no one remember what was said to be done back inAugust. I am very disappointed. Then, we started the process of

investigation again with all my resubmitted document. Thanks God, Ifound them. I thought the ordeal was over back in August 2009. I alsocommunicated with Christine, if she still work in your office. May be shecan remember asking me for all the document. I have asked and calledyour office in the past and like talking to the stone wall. The responsewas I was not an administrator there was no record of it. I was not in the

file and your system. That is why I retrieved my cashed check from theback and gather all the documents as you requested that I have doneeverything right to get my renewal. Have you examined my documents?It was the same as last few times that I fax you. If you told me that I wasyour agency mistake in August 2009. Why would it be different with thesame documentation and facts now in Nov,2009, three months later, if

you still remember. I

11/16/2009 4


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have a lot of doubt about what your agency works for. To create moreredundancy in paper work and delay. I want a closure on this matter, please.May be it is better to communicate not over the phone and waiting forphone call but to do e-mail. I can should my evidence and refreshsomeone's memory and submitted it to DCA for mediation. I need aresponse to day. My care home is in business and I am a legitimatize

administrator. Because of all this mistakes. I have hired an administrator towork for me and she told me that I am not an administrator and she is. Ihave suffer enough of this dispute. I started this care home business in 1995in San Francisco and I am an experienced administrator and care homeprovider. I should be able to run my business. In 2006, I applied to become aadministrator initial certification and was turned down for disputable

reason. It have been all these many years and again your agency is at falseagain. I am very frustrated with all this happening and waiting for no result.I will submit paper directly to you to secure its existence, to avoiddisappearance on your end and I will do careful documentation to avoid anyretaliation on top of this matter. I will send them to day by e-mail or fax.

Sylvia Lee

12/11/09


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137

In the entire letter,

Shekta never provided an

explanation to what happen

but only couldnt

determine exactly whathappened.

Shekta never mentioned

any regret or sorry to me for

what I had been through in

these 2 years financially and

emotionally.

Boatman set the day and time on Monday 3 pm in

June, 2010 to conference with me over the phone.


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138

Boatman told me that he would send me the

administrator certificate but he also reminded methat I had to renew my administrator certificate that

would be sent to me because it would be expired next

month. It has been a 2 years pursue and the certificate

was only good for 2 years. I waited 3 more months but

no certificate was sent to me. I followed up and called

to find out what happen to my administrator

certificate. Boatman didn't remember a thing aboutwhat he told me three months ago that was to send

the administrator certificate. He asked me to re-send

every proofs and evidences for another investigation.


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Last investigation completed just 3 months ago.He couldn't remember what was done and said.Fortunately, I kept good record of my documentsand cashed check retrieved from bank. Hissupervisor Shekta called to talk to me at 6:00pmin the evening to my home. We argued, Shektainsisted on me paying the late fee. I was neverlate on paying the renewal fee. It was DSS whoput an indefinite hold on my record while I was

threatened to be sued for applying to become avendor.

During those 2 years, I had to send an employee to


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140

classes and take the administrator examination and

hired someone to work as an administrator to run thebusiness for me. When I eventually got re-instated,

there was never an empathetic sorry from anyone in

the DSS. When I followed up from time to time to the

dept, Mr. Boatman would tell me that he wasconsulting a second lawyer from the State Dept.


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I told myself, who represented me as a tax payerwhen Boatman was consulting 2 State lawyerson a simple matter over a long time that DSS wasclearly at fault, they tried but couldn't evade theresponsibility after scrutiny to my renewalapplication. Surely, if I didn't follow up on this, noone knew what happened back in 2006 and noone cared. My administrator hold status willnever be lifted. After 2 years, my administrator

status has just been re-instated to run my ownbusiness.

2009


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I was very happy with be re-instated as anadministrator after 2 years waiting. I told

Boatman that I would like to apply for vendor

again after 3 years (2006-2009) and I washopeful.

2009


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143

I submitted all application for elderly, adultand group home both initial and continue

education and online CEU in 9 categories. All

fee for each categories were paid and theycollected and cashed out by the dept. All

material to be reviewed had been sent.


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2009 Secondpayment for

vendor

application

144

Payment dated on 12/28/2009

2009


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145

Here were the copies my vendor

application submitted in 2009


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application submitted in 2009

146

In my 2009 vendor application, I gotagreement from these Pharmacist andpsychologist and others professionals care

home administrator to present in my ICPT.They never got the chance to teach becausethe application was pre-determine to beaborted and Elner told me in a 2011 phonecall that it didnt matter who I have to present

the lecture. The denial result would be thesame because I was the applicant.

Vendor package in 2009


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I was told that I didnt qualify to teach thevendor course, so I found a number of

qualified speakers to teach, but I had missed

DSS ACSs point. Alan Elner said it didntmatter who I had to teach the course, I was

not approved because I was the applicant.

S l


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Sample

ofpresenter

resume 1

148

DSS told me


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that sylvia Lee

Instructor wasnot qualified

in 2006, so I

got togetherwith other

instructors to

teach thecourse

149


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Sample ofpresenter

resume 2

150


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Sample ofpresenter

resume 3

151


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Sample of

presenter

resume 6

152


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Sample ofpresenter

resume 7

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Sample of

presenter

resume 8

154

12/14/2009

f/u

Hide Details

FROM:sylvia lee TO:[email protected]

Message flagged

Wednesday, December 16, 2009 11:49 AM

Mr. Boatman,

I have not received any letter from you since we talked last time. I was expecting the letter you said yourd i d h I b i RCFE i i i l d i i d CEU d
http://mail.yahoo.com/http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://36ohk6dgmcd1n-c.c.yom.mail.yahoo.net/om/api/1.0/openmail.app.invoke/36ohk6dgmcd1n/11/1.0.35/us/en-US/view.html/0http://mail.yahoo.com/


155/501

155

dept was going to send, so that I can re-submit my RCFE initial administrator and CEU vendorapplication. Since this the last week before the school winter break, and most offices will close for theyear end holiday celebrity. I don't want to wait anymore. I have fax over more than 50 pages ofdocuments twice, just to ensure the chance that you will receive anyone of the documents I sent. I faxinstead of scan and sent thru e-mail to save time. I enclosed all my passed 2 years CEU and it should bemore than enough for CCL administrator re certification. These are professional RN CEU and the fact thatI am current on my RN license and I am current with my BRN CEU provider status. I have also includedinitial administrator curriculum and also a list of qualified personnel who will be involved in teaching thecourse. I added the medication training and, for the fact that I am and my instructors are CPR, first aidand AED instructors. We have AED and manikin in house for training. We also provide bii-lingualinstructor from Red Cross examination and instruction for ESL care givers, There are a lot of course we

can teach in a variety of subjects that are very pertinent and relevant for our residential care home caregivers to ensure of clients safety. Please check and I will mail out the original and application fee tomorrow. After longer than 2 years of waiting. I hope we can solve this very unfortunate problem. I amnot only involved and active with the nursing community and I have enclosed the documents that I haveapproved for NA and HHA and Acute care training program from California DPH Licensing andcertification unit. We have a on-going clinical training site in St. Anne which is one block away from ourschool, California Nursing Academy and Resource Center. Please let the qualify people teach, we knowwhat we are doing and to benefit our caregivers and clients in the community. Two plus years is a long

time to wait. We have been abandoned by you outside the door. I worked with a multitude of healthcare professional and a very dynamic group for MD, pharmacist, psychiatrist, psychologist, PhD, RN,Clinical Nurse Specialists and other allied health care professionals who are more than qualified to dothese jobs of educating our residential care community.

Yours truly,

Sylvia lee

2/16/2010 p1


156/501

156

I called and talked to

Boatman. He said You are

my special project without

telling me what that meant.I have excellent memory,

unlike Boatman who needed

to do repeated investigation

within 3 months because he

forgot completely what he

said to do.Denied

Sept, 2009. It was unjust for you to ask me to give me less than 1month for this certification because of all the loss I have uncuredfor not being an administrator and I have to continue to operate mycare home business and subject to California licensing compliance,


157/501

care home business and subject to California licensing compliance,rules and regulations and I have done every thing right and you

have cashed my administrator renewal fee. (see my fax of cashedbank check I obtained from my bank among all the CEU classes Icompleted) I am not going to be for less than a month asadministrator. I waited and waited to get my certification and itnever comes. I have to display my certification in the care home. Itis a requirement which is well understood for all the operators.

Whenever licensing analyst came they always ask for the display. Icalled up and find out that no one remember what was said to bedone back in August. I am very disappointed. Then, we started theprocess of investigation again with all my resubmitted document.Thanks God, I found them. I thought the ordeal was over back inAugust 2009. I also communicated with Christine, if she still work in

your office. May be she can remember asking me for all thedocument. I have asked and called your office in the past and liketalking to the stone wall. The response was I was not anadministrator there was no record of it. I was not in the file andyour system. That is why I retrieved my cashed check from the back

11/16/2009 2

and gather all the documents as you requested that I have done everything rightto get my renewal. Have you examined my documents? It was the same as lastfew times that I fax you. If you told me that I was your agency mistake in August2009. Why would it be different with the same documentation and facts now inNov 2009 three months later if you still remember I have a lot of doubt about


158/501

Nov,2009, three months later, if you still remember. I have a lot of doubt aboutwhat your agency works for. To create more redundancy in paper work and delay.

I want a closure on this matter, please. May be it is better to communicate notover the phone and waiting for phone call but to do e-mail. I can should myevidence and refresh someone's memory and submitted it to DCA formediation. I need a response to day. My care home is in business and I am alegitimatize administrator. Because of all this mistakes. I have hired anadministrator to work for me and she told me that I am not an administrator andshe is. I have suffer enough of this dispute. I started this care home business in

1995 in San Francisco and I am an experienced administrator and care homeprovider. I should be able to run my business. In 2006, I applied to become aadministrator initial certification and was turned down for disputable reason. Ithave been all these many years and again your agency is at false again. I am veryfrustrated with all this happening and waiting for no result. I will submit paperdirectly to you to secure its existence, to avoid disappearance on your end and I

will do careful documentation to avoid any retaliation on top of this matter. I willsend them to day by e-mail or fax.

Sylvia Lee

11/18/2009 3

Hospital as an educator before I work in nursing schoolas a program director. I am a BRN approved RN CEUprovider and retired nurse with many years of nursing

h d d


159/501

experience. I am a care home owner. I started and ran

2 care home in San Francisco and San Mateo.My co-worker are Ph D and retired nurse after 33 yearsplus working in San Francisco General Hospital andmany different acute care and clinical setting and muchmore. Dr. Woodside, Marvin

Dr. Patrick Tin Aung is a registered physician in Jamaica.MPH in United States. Over 10 years of care homeadministrator experience. He is also a program directorin a nursing school.Dr. Troung Steve is a registered pharmacy who do

consulting work and teaches in nursing and pharmacyschool

Dss Complaint Today

Documents