Kizer
Kizer v. Hillhaven, Inc.
Opinion
Opinion
Franson, J.
Introduction
In 1988, the Director of Health Services, Kenneth W. Kizer, M.D., M.P.H., (Director), initiated an action against Hillhaven Convalescent Hospital (Hillhaven) pursuant to the Long-Term Care Health, Safety and Security Act of 1973, codified in Health and Safety Code section 1417 et seq. The Director issued Hillhaven a class “AA” citation alleging violations of California Code of Regulations, title 22, section 72311, subdivision (a)(2) (section 72311), and section 72501, subdivision (e). (section 72501).
Section 72311 pertains to nursing services and provides for an individualized care plan to be developed for each patient. Section 73211, subdivision (a)(2) provides specifically that nursing services shall include: “Implementing of each patient’s care plan according to the methods indicated. Each patient’s care shall be based on this plan.”
A care plan indicates the care to be given the patient and outlines the patient’s strengths and weaknesses, the objectives to be accomplished and the approaches the staff is to take to achieve those objectives.
Factual and Procedural Background
Olan Caldwell (Mr. Caldwell) was an 80-year-old patient at Hillhaven. He was…