The settlement spells out the terms two-year probation for the facilities and administrators. The settlement is also in lieu of an evidentiary hearing and decision.
The settlement stipulates that Oakmont Senior Living admit that staff departed Villa Capri without all residents being evacuated. Also, that staff did not notify all residents of an emergency evacuation and did not evacuate all residents prior to departing from Varenna.
According to the settlement, staff were precluded from returning to the facilities by local authorities after shuttling residents to evacuation sites. There was a large bus at Varenna that could have been used to evacuate residents.
Remaining residents were dependent on family members and emergency responders for evacuation after staff left Villa Capri and Varenna.
According to the settlement, training provided by respondents to staff did not fully prepare some staff to deal with the Tubbs Fire crisis.
VIDEO: Varenna Oakmont Senior Living Community resident describes terrifying 'inferno' and confusing evacuation
The revocation of licenses to operate Varenna and Villa Capri will be affirmed and stayed for a period of two years, meaning OSL can still operate Varenna and Villa Capri while on probation. They have to do so in strict compliance with the regulations and statutes governing the operation of residential care facilities for the elderly.
OSL can petition the Department for early termination of the probationary period after one year.
Oakmont Senior Living also has 60 days to submit to DSS updated emergency disaster plans for Villa Capri and Varenna. The plans need to be site specific and updated annually. OSL will also need to develop a system for information about the status of all residents for evacuation purposes including which residents are non-ambulatory.
OSL must also ensure there is sufficient staff present including during the overnight hours. There must also be annual evacuation drills.
Villa Capri Executive Director Deborah Smith and Varenna Executive Director Nathan Condie agree to receive a minimum of forty total hours of training from local emergency services providers or vendors approved by the Department's Administrator Certification Unit.
The probation period for administrators Smith and Condie is also two years. After one year they can petition the Department to remove the probation status. They can serve as an administrator while on probation.
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