Complaint·February 13, 2023

INVESTIGATION REVEALED THE FOLLOWING: Allegation: Staff did not issue a refund. It is alleged that the staff refuses to issue a refund. The complainant reported resident #1 (R1) was a former resident at this facility and was admitted on 05/10/21. However, before being admitted at Wellsprings Manor, (R1) spent a few days at Summer Breeze Manor. Both facilities are being operated by the same administrator Teresita Bautista. The complainant claimed the power of attorney (POA) to (R1) was in charge of finances for (R1) and paid every 10th of each month $3500 for rent and services. (R1) was also charged an additional deposit fee of $3500 which was paid when the contract for the Admission Agreement was approved signed and dated 04/19/21. The $3500 amount appears on a separate invoice noted as one month deposit (refunded upon termination of service). The complainant claimed (R1) passed away on 01/05/23 and the facility refused to refund the $3500 deposit and the prorated amount of $583.33 for the (5) days for rent and services in January 2023. The complainant stated this facility owes a total amount of $4083.33. According to the complainant, the (POA) was in communication with the house manager with three messages. A written statement addressed to Morales dated 01/18/23 at 12:43 pm requesting a refund. An interview with the administrator (S1) and house manager (S2) confirmed they were in communication with the (R1's) (POA) in January 2023 and the most recent text messages with (S2) on 02/09/23 and 02/11/23. (S2) responded with a text message "the office will be refunding you the deposit amount." No mention of when and if the prorated amount will be refunded on the reply message. According to (S1) the reason for the delay was due to record keeping. Since all transactions were processed through Zelle, (S1) was unsure if a deposit was charged for Summer Breeze or Wellsprings. (S1) audited the payment history for Wellsprings and did not see a deposit charged for (R1). The (POA) was requested to provide a receipt. It was claimed that neither (S1) nor (S2) intended to not refund the money, but just wanted to verify the information. Based on interviews, observations, and supporting documentation, the preponderance of evidence standard has been met; the facility failed to refund fees paid in advance to the contractually responsible party within 15 days after the resident's death and removal of personal property as stated in Health and Safety 1569.652. Therefore, the allegation of: "Staff did not issue a refund" is found to be SUBSTANTIATED. According to the California Code of Regulations (Title 22, Division 6, Health and Safety Code), the following deficiency has been observed and citation issued (ref. LIC 9099D).