Complaint·November 15, 2023

It is being alleged facility staff did not issue a proper refund to resident following the resident not moving into the facility. On09/15/23 LPA interviewed Executive director (ED) Matthew Ryan regarding the above allegation, (ED) denied the allegation above. Per ED the refund policy is on the residency agreement and refunds are provided depending on the time a resident is at the facility and if a notice is provided. ED continued to report that business manager process refund on “real page” and will inform the family if a refund is owed and the refund will be issued in 30 days, if the family owes the facility money the facility the family will be made aware that they will be place on a collection if a payment is not obtained. Per ED, no refund has been denied. On 09/15/23 LPA interviewed S1-S5, 4 of the 5 staff interviewed reported not having any knowledge of a refund policy. 1 out of the 5 staff interviewed reported that if a resident decides to leave the facility between the first 30 days a community fee will be returned, every 30 days refund amount goes down. 1 out of 5 staff continues to state that refunds are mailed, can be picked up, sent electronically, or can be sent expediated, staff also reports no refund has been denied. On 09/25/23 LPA interviewed Former Executive Director (W1) regarding the above allegation. Per W1, shortly after R1 signed the admission agreement R1 changed R1s mind about moving in and a check was returned to R1. W1 continued to state R1 returned to facility shortly after and wanted to move in, R1was asked for a deposit to move forward as R1 was very indecisive. W1 states R1 moved some belongings into the apartment and once again shortly after decided not to move in without any notice. W1 states R1 was informed that the facility did not wish to move forward with R1 as a resident and that at this point R1 owed the facility for the 1 st 30 days which was pulled from the deposit. W1 reports not being aware if R1 obtained refund as W1 stopped working at the facility shortly after. On 09/15/23 LPA reviewed residency and service agreement, which is signed by R1 but not dated, only one signature from the Former Executive Director was observed. Move in date on invoice is dated On 02/09/2023. LPA reviewed pages 7 of residency and service agreement, page 7 letter E number 1 “termination by resident” states, “you may terminate this agreement at any time, with or without cause, by giving the ED of the community or his/her designee thirty days’ prior written notice of termination. You need not cite a specific reason for the termination. If you move out without providing thirty-day notice, you will be responsible for the amount of your monthly fee through the date you moved in plus one full month’s rent. LPA also reviewed the Deposit & Community Fee section which indicated “ At the time you sign this agreement you would have paid a Community Fee $11,195, $500 of the community fee is to cover the cost of performing the pre admission assessment and the remainder of the fee is used to maintain the common areas and furnishings of the community….. This community fee is partially refundable on a prorated basis for 90 days following the date you signed the agreement. If you decide to not move in prior to the assessment 100 percent of the community fee will be refunded.” LPA observed an invoice indication the Deposit & Community Fee is $11,195 and R1 was charged a prorated amount $7996 (2/9/23-2/28/23). During review of R1 LPA did not observe any completed pre-admission assessments (Physicians Report, Pre- Placement Appraisal, Care Plan, Medication List, Emergency Identification sheet and etc.). LPA did not observe any notes or documents to support R1 ever Physically moved into the facility. Based on LPAs observations and interviews which were conducted record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 8 are cited on the attached LIC 9099D. An exit interview was conducted, appeal rights were discussed, and a copy of this report was provided. if a resident discloses any valuables, it will be in their file and residents are encouraged to get renters insurance. Per ED, if a resident reports property missing, staff will take a statement, file SOC 341, and contact local police to conduct report. On 09/15/23 LPA interviewed S1-S5, 2 of the 5 staff interviewed reported not having any knowledge of how resident property is safeguarded, 1 of 5 staff interviewed reported that if a resident has anything valuable, the facility has an inventory list. 1 of 5 staff interviewed reported that if a resident has anything valuable a resident will report it and will notify safe where the item is located. 1 of 5 staff interviewed reported a resident information form is provided and it is up to the family to fill it out or not, property is kept in a safe if needed. 1 of 5 staff continued to report that if a resident reports property missing, staff will inform ED, family is informed and file is pulled and reviewed for cognitive issues before moving forward, police is contacted, and care staff is spoken to. On 09/15/23 LPA Villegas interviewed Residents #1-10 regarding the allegation 9 out of 10 residents denied the allegation and 1 out of 10 residents indicated their personal belongings were stolen at the facility. On 09/15/23 LPA reviewed page 9 of residency and service agreement, page 9 letter F number 3 “ Responsibility for your property” states, “ Oakmont shall not be responsible for the loss of any personal property belonging to you due to theft, or any other cause, unless the loss or damage was caused by the negligence of Oakmont or it’s employees; and Oakmont shall not be responsible for any property caused by you or your guest. Oakmont strongly recommends that you obtain, at your own expense, renter’s insurance, or comparable insurance for the replacement value of your personal property and for property damage that may be caused by you or your guest at adequate coverage and liability limits. We ask that you do not bring valuable items that can be easily broken. Although the allegation may have happened or is valid there is no preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is deemed unsubstantiated. An exit interview was conducted, and a copy of this report was provided.