complaint·September 26, 2023

Continued from LIC 9099 POA/RP requested a full and complete copy of R1's resident and business office files. On 08/14/23, Executive Managing Director, Ronald Regan, responded to R1's POA/RP. Ronald's response included the following: "The reference request for designated records from GQI, which is not a health care provider.... Therefore, your request for blanket resident information is denied since the GQI has no clear legal requirement for RCFE's to release records of a deceased resident. Cal.Code Regs Tit.22 § 87868 states that the admission agreement between the resident and the facility is automatically terminated by the resident's death, and that no liability or debt accrues after that date. This regulation could be interpreted to mean that [R1] does not have authority to seek copies of documents after the resident's death, as the agreement between the resident and the facility has ended. Based upon the foregoing, GQI may elect to not provide records. However, in an effort to settle the matter, GQI will provide resident payment records and relevant resident care file documents. A designed list of records will be provided on upon your agreement. The list of documents will include the number of pages for the response which will require a payment of $0.25/page of copies that can be emailed to your attention." LPA Valerio interviewed staff on 08/23/23. According to an interview with Administrator Loreen, Administrator Loreen stated that if anyone were to request records from staff, the staff will inform Loreen and she would take care of the request. Administrator Loreen stated if she is not available to preform the task, Fleta Herndon, may be available. According to an interview with Licensee Ronald Regan, Licensee Ronald is aware that R1 requested documents; however, he wants the POA/RP to request the documents in the right way. Licensee stated he would gladly send the documents if properly requested. According to an interview with the POA/RP, they have not received requested documents as of 09/25/2023. According to Health and Safety Code Section 1569.269, A resident of a RCFE has the right "To confidential treatment of their records and personal information and to approve their release, except as authorized by law." Per Title 22 regulations, 87506, " the licensee...shall reveal or make available confidential information only upon the resident's written consent or that of his designated representative and Original records or photographic reproductions shall be retained for a minimum of three (3) years following termination of service to the resident. Per California Code of Regulations (CCR) Title 22, deficiencies are being cited on the attached LIC 809 -D. Failure to correct deficiencies may result in civil penalties. Appeal Rights Provided. An exit interview was held, a copy of the report was provided to Administrator Loreen Hickman.