complaint·August 9, 2021

On 6/19/2020 at 11:00 a.m., LPA Eva Miller conducted an initial complaint visit with the use of FaceTime during which interviews with the Administrator, Jeff LaBelle and Assisted Living Director, Sondra Albarron were conducted. Both denied knowledge or receipt of a faxed request for records or any voicemail messages from the requestor. Though the complainant had provided a Fax receipt indicating the transmission was completed, the LPA was unable to confirm that the intended recipient either received or was notified of the receipt of the fax requesting the documents in question. The LPA was unable to confirm that any voicemail messages were successfully recorded or received by the Assisted Living Director. The Administrator advised he would contact the requestor and resolve the issue by providing the requested documents on this date (6/19/20). The LPA determined at that time that the allegation was unsubstantiated due to insufficient evidence to either confirm or deny that the facility personnel had refused or willfully failed to promptly provide requested documents to a person or persons authorized to make such a request. This finding was delivered in the form of an LIC 9099 licensing report to the Administrator. Despite the Administrator’s agreement during the initial complaint visit on 6/19/2020 to comply with the request for records, on or about 6/22/2020, it was brought to the attention of the LPA Eva Miller that the Administrator had not, in fact, complied with the request. Based on the discovery of this additional information subsequent to the delivery of a finding of Unsubstantiated, the LPA is amending the original finding to that of Substantiated. LPA Miller had determined that the records requested of the facility, pursuant to Health and Safety Code Section 1569.269(a)(21), were not provided within the required time frame of two (2) business days. On this date, a citation was issued including appeal rights and a copy of the Licensing Report was provided.