Complaint·January 29, 2025

Allegation: facility is overcharging resident for rent. The complaint allegation alleges that the facility is charging residents over the SSI/SSP amount. During record review at the facility, the department received and reviewed R1’s Admission Agreement that states the basic services monthly rate is $1,398.07 and was agreed upon by the Responsible Party. According to the Non-Medical Out-Of-Home Care (NMOHC) Payment Standard for Individual-Licensed Facility the amount payable for Basic Services is $1,398.07. Additionally, in the Admission Agreement on page 10, the department reviewed the Addendum To Monthly Rate Increases, that states “on or before January 31 st of each year, this facility shall prepare documents disclosing its average monthly rate increase at the average percentage of increase, for the service fee.” The addendum was signed and agreed upon by R1’s Responsible Party on 05/21/2024. The department received and reviewed the notice provided to R1’s Responsible Party regarding the rate change for 2025 to the amount of $1,420.07 for amount payable for Basic Services. Which is the current NMOHC Payment Standard for individuals in licensed facilities. The department additionally received and reviewed a copy of the Monthly Payment Log for December and January and observed residents who are part of the Assisted Living Waiver Program pay the amount payable for basic services. During interviews with Staff S1-S3, were asked if there are any residents who are on the Assisted Living Waiver Program and use their SSI to pay the difference pay more than the amount payable for basic services, three (3) out of three (3) stated residents do not pay more than the amount payable for basic services which is $1,398.07. Additionally, during interviews with staff S1-S3, the department was informed the first notice they provided to Residents, or their Responsible Party had the incorrect amount listed on the notice. The amount listed was the NMOHC payment standard and not the amount payable for basic services. Staff S1-S3 stated when they realized the error they began calling residents to verbally inform them of the error and provide the correct amount. They additionally created a new notice to provide to Residents or their Responsible Party. During interviews with Residents R3-R6, were asked if they pay over the amount payable for basic services of $1,398.07, four (4) out of four (4) stated they do not pay more than $1,398.07. During interviews with Residents Responsible Party W1 and W2, were asked if they pay more than the amount payable for basic services of $1,398.07, two (2) out of two (2) stated they do not pay more than $1,398.07. During the course of the investigation, LPA was unable to find evidence to support the allegation. Although the allegation may have happened or is valid, there is no preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated . An exit interview was conducted with Executive Director, Carla Chan, and a copy of this report was provided.