HERMAN HEALTH CARE CENTER in SAN JOSE, CA was fined $39,819 by CMS across 2 separate penalties following 70 deficiency citations identified during federal surveys.

HERMAN HEALTH CARE CENTER (SAN JOSE, CA) — $39,819 in CMS Fines

Outcome: HERMAN HEALTH CARE CENTER in SAN JOSE, CA was fined $39,819 by CMS across 2 separate penalties following 70 deficiency citations identified during federal surveys.

Deficiency areas cited:

• Prevent the use of unnecessary psychotropic medications or use medications that may restrain a resident's ability to function.


• Ensure the transfer/discharge meets the resident's needs/preferences and that the resident is prepared for a safe transfer/discharge.


• Provide the required documentation or notification related to the resident's needs, appeal rights, or bed-hold policies.


• Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment, and neglect by anybody.


• Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.


• Honor the resident's right to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and supports for daily living safely.


• Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.


• Encode each resident’s assessment data and transmit these data to the State within 7 days of assessment.