complaint·July 11, 2024

Investigation Revealed the Following: Allegation: Facility staff are threatening to evict resident. The details of the complaint alleged that facility staff are threatening to evict resident due to lack of payment. During the records review, LPA Iniguez reviewed (R#1)’s admission agreement dated 9/8/2022 with (R#1) as the primary signature and (W#1) as a responsible person. The admissions agreement states the monthly rate for accommodations & basic services, Level of care, and new resident admission fee; this page was signed by (R#1) and (W#1) on 9/8/2022. In addition, in the admissions agreement 4, Term-Clause (d)(i). Termination by Us with 30 days’ prior Notice), it is stated that if any of the following events occur, we may terminate this agreement and require you to vacate your unit and the community thirty (30) days after we have notified you or your responsible party: I: Nonpayment of the rate for basic services within ten (10) days of the due date. This clause was signed by (R#1) and (W#1) on 9/8/2022. In addition, LPA reviewed the In-Home Communications Notes from 9/23/2022 to 1/23/2023; in the notes, facility staff made several attempts to reach out to (W#1) regarding (R#1)’s nonpayment of basic rate and level of care these fees were not paid since (R#1)’s moving date back in 9/8/2022, the facility was unable to reach (W#1) via telephone or mail. Also, the facility sent to (R#1)’s POA three notices of outstanding account balance fees using Certified mail services, one dated 10/24/2022, the second dated 1/24/2023, and the third one dated 3/22/2023. Evaluation Report continues LIC 9099-C Furthermore, the facility sent monthly bill statements to the (W#1) address regarding (R#1) balance dues from 9/23/2022 to 5/31/2023. On 2/7/2023, the facility served (R#1) a 30-day eviction notice; this Notice was faxed to the Regional Office as a Special Incident Report on 2/17/2023. Also, the Notice shows that (R#1) has an outstanding balance of $20,279.73. The discharge date for this Notice was 3/8/2023. During an Interview with the Administrator (A#1), she stated that (R#1)’s daughter never paid their rent for over six months, (R#1)’s daughter would pay with a personal check and came out of funds all the time. In addition, (R#1)’s daughter has never paid the admission fee since the beginning. Also, (A#1) stated that (S#1) never threatened (R#1) for non-payment of services, (S#1) and I followed the eviction procedures since (R#1)’s POA did not pay the admissions fee, monthly basic fees, and level of care. During interviews with residents (R#1-R#10), (9) out of (10) residents stated that they have never been threatened by the facility staff for non-payment of monthly rent. During interviews with staff (S#1-S#5), (5) out (5) facility staff stated that (S#1) did not threaten to evict (R#1) for non-payment of fees. Allegation: Facility staff are refusing to allow resident to have visitors. The details of the complaint alleged that facility staff are refusing to allow resident to have visitors due to lack of payment. During the records review, LPA Iniguez examined the facility's COVID-19 Family Visitor Screening Sheets and observed that (R#1) received visits from family and friends who were allowed to enter the facility after proper screening. The dates of the visits were: 9/8/22, 9/9/22, 9/13/22, 9/24/22, 10/5/22, 10/16/22, 11/24/22, and 11/28/22. Evaluation Report continues LIC 9099-C During an interview with the administrator (A#1), she stated that (S#1) did not prohibit (R#1) from having visitors because of the non-payment of fees. During interviews with residents (R#1-R#10), (9) out of (10) residents stated that no facility staff has ever refused them to have visitors due to lack of monthly fees. During interviews with staff (S#1-S#5), (5) out (5) facility staff stated that (S#1) did not refuse for (R#1) to have visitors due to their lack of monthly fees. Allegation: Facility staff are refusing to allow resident to participate in activities and Outings. The details of the complaint alleged that facility staff are refusing to allow resident to participate in activities and outings due to lack of payment. During an Interview with the Administrator (A#1), she stated that (S#1) did not prohibit (R#1) from participating in the facility activities or outings. During interviews with residents (R#1-R#10), (9) out of (10) residents stated that no facility staff has ever told them not to participate in activities or outings offered by the facility because of non-payment of monthly fees. During interviews with staff (S#1-S#5), (5) out (5) facility staff stated that (S#1) did not prohibit (R#1) from participating in the facility activities or outings. Evaluation Report continues LIC 9099-C Allegation: Facility staff are withholding medication from resident due to lack of payment. The details of the complaint alleged that facility staff are withholding medication from resident due to lack of payment. During the records review, LPA Iniguez reviewed (R#1)'s Medication Administration Records (MARs) dated 9/22 to 2/23. LPA observed (R#1) received their medications as prescribed by their physician. During an interview with the administrator (A#1), she stated that (S#1) cannot give that order; only the resident’s physician can. During interviews with residents (R#1-R#10), (9) out of (10) residents stated that no facility staff has ever withheld their medications because of the non-monthly payments. During interviews with staff (S#1-S#2), (5) out of (5) facility staff stated that (S#1) did not withhold (R#1)’s medications because of non-monthly payments. During this investigation, LPA found did not find sufficient evidence to support the above-mentioned allegations. Based on the evidence gathered, interviews conducted, and records reviewed, the preponderance of evidence standard has been met; therefore, the above-mentioned allegation(s) are found to be UNSUBSTANTIATED. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated. An exit interview was conducted, and a copy of the Complaint Report was given to Corina Kahl /Administrator.