complaint·August 29, 2023

Allegation: Facility did not provide refund to representative. It is alleged the facility did not refund resident (R1's) authorized representative the correct amount after residency agreement was terminated. Per, authorized representative resident (R1) never physically moved in to the facility because MD did not clear the resident for move in, and former Executive Director Joshua Castillo allegedly promised a full Community Fee rate refund if R1 moved out before 90 days. Based on interviews conducted and file review, the findings indicate that a Residency Agreement was signed on April 11, 2023 by R1's authorized representative, and the resident's personal belongings were moved in by family even though R1 did not physically move in. According to staff interviews, resident (R1) refused to move in and family thought they could convince R1 by moving in the belongings and bringing the resident to dine at the facility several times. However, R1's representative issued a 30-day Notice on May 23, 2023. Resident (R1) was discharged from the facility on June 15, 2023. Current Executive Director Sanjay Kabadi came to an agreement with R1's authorized representative that the refund amount would be pro rated from discharge date, instead of 30 days from notice. Per Plan of Operation, once a party enters a Residency Agreement, and the resident leaves for any reason within the third month month of residency, the party is entitled to a refund of 40% of the refundable amount. The Community Fee rate is $2,750.00. Rent for the month of June 2023 ( 6/1 - 6/15) was pro rated as $1,695.75. On June 26, 2023 a refund in the amount of $3,303.02 was issued to authorized representative. Instead of getting refunded $1,100.00, they were refunded $2,200 as a good faith gesture since the resident never physically moved in. The facility Account history billing report was reviewed. No financial discrepancy was found. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated . Exit interview conducted with Executive Director Sanjay Kabadi. A copy of the report was issued.