complaint·July 14, 2023

Complainant alleges that Provider failed to include resident representatives and excluded residents from budget meetings they are entitled to attend, in addition to withholding documentation under the H&SC §1771.8(f) requires the provider to make available to resident association, governing body, or if neither exist, a committee of residents, quarterly financial statements and shall consult with the resident association, governing body, or if neither exist, a committee of residents during the budget planning process. The Department reviewed the following information: • The Bylaws of the Stoneridge Creek Resident Association and its Governing Body, the Resident Council (Bylaws) that describes the roles and duties of Resident Council, officers of the Resident Council, RLU Representative and committees. • Resident Council of Stoneridge Creek Operations Manual which further outlines the duties and responsibilities of each committee. • Quarterly Financial Reports that are distributed to the Financial Advisory Committee (FAC). The FAC is provided on a quarterly basis a financial statement of activity, comparing Budget to Actual along with a written Review of Significant Variances. The resident association or governing body can decide to delegate the review of the documents to a committee. (See, e.g. Corps Code section 311.) Based on the Bylaws and Operations Manual the resident association may establish committees. The FAC is a Standing Committee. The FAC designates a representative to meet with provider along with a resident council chair (resident representative). The Executive Director (ED), Ownership and Accounting Director consult with the resident representatives (resident council chair and a Financial Advisory Committee representative) during the Budget Planning process. These meetings are held on a monthly basis from July through November. The attendees are provided budget summaries and updates, these meeting consist of running dialogue. The ED did confirm that participants in these meeting are provided the same information and documentation. PA did interview a representative of the Financial Advisory Committee (W1) and Resident Council Chair (W2) that participated in the 2021 and 2022 budget planning process, and both were unable to say definitively that documentation was withheld during the process. PA found no evidence that access to documentation or information was withheld from the resident representatives. The Department has determined that the allegation is “unsubstantiated” due to lack of evidence showing that access to documentation or information was withheld from the resident representatives. -- Complainant alleges that the Provider included a provision in the Resident Care Agreement about raising rates that violates H&SC §1788, which contains the provisions of a contract. The Department reviewed the four current agreements that were initially approved for use by a program analyst on January 20, 2021, and they did not appear to conflict with the Continuing Care Contract Statutes. The Department has determined that the allegation is “unsubstantiated” due to lack of evidence identifying that the Provider used language regarding raising rates that violates the H&SC.