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2425 SAMARITAN DRIVE

SAN JOSE, CA 95124

LICENSURE OF HOSPITAL

Tag No.: A0022

Based on observation, interview, and document review, the hospital placed patients in the hallway of the emergency department (ED) without first obtaining program flexibility (permission granted by The California Department of Public Health for the hospital to have flexibility from regulatory requirements if the hospital can demonstrate that the proposed alternative does not compromise patient care). This deficient practice had the potential to compromise the health, safety, and dignity of the patients.

Findings:

During an observation on 2/3/25 at 11:17 a.m., accompanied by the emergency department manager (EDM), the hospital's ED was inspected. There were approximately six patients lying in beds that were placed in the ED hallway.

During a concurrent interview with the EDM, he acknowledged the above observation and confirmed that when there are no available rooms in the ED, the patients do have to be placed in the hallway.

During an interview with the manager of regulatory compliance (MRC) on 2/4/25 at 8:14 a.m., the MRC confirmed the hospital did not obtain program flexibility to place patients in the hallway of the ED. The MRC stated she was not aware the hospital could apply for this specific type of program flexibility.

During an interview with the vice president of quality (VPQ) on 2/4/25 at 8:34 a.m., the VPQ confirmed the hospital did not obtain program flexibility to place patients in the hallway of the ED.

On 2/7/25 at 4:05 p.m., the hospital provided an untitled document that showed the patients who were placed in the ED hallway from 2/3/25 to 2/7/25. The document indicated 34 patients were placed in the ED hallway during this timeframe.

During a follow-up observation on 2/10/25 at 8:50 a.m., accompanied by the EDM, the hospital's ED was inspected. There were three patients lying in beds that were placed in the ED hallway. The EDM confirmed this observation.

According to the California Code of Regulations, Title 22, Article 8, section 70809(c), "Patients shall not be housed in areas which have not been approved by the Department for patient housing and which have not been granted a fire clearance by the State Fire Marshal..."