complaint·February 9, 2024

Continued LIC9099-C page 2 *** The original LIC9099-C dated 02/09/2024, is being amended. This revised LIC9099-C dated 02/22/2024, will supersede the original document.*** Investigation revealed the following: LPA Interviewed staff 1-5 (S1-S5), and residents 2-3 (R2-R3). S1-S4 stated that R1 was issued a 60-day eviction notice in December 2022, for non-compliance with facility house rules. R1 failed to comply with the health and safety of other residents at the property was verbally abusive and not following guidelines at the facility. S1-S4 admitted the facility reported the 60-day eviction to the Community Care Licensing (CCL) office. The licensee has confirmed adherence to Title 22 Regulations concerning the eviction process. Specifically, a 60-day eviction notice was issued to the resident in December 2022, and a detailed letter dated December 22, 2022, was dispatched to a family member of the resident, explaining the grounds for the eviction notice. The licensee stated additionally, communication with LPA Lourdes Montoya was established to ensure awareness of the eviction proceedings. Licensee noted that the correspondence received by the Ombudsman was intended to elucidate the reasons behind the eviction, rather than serve as the eviction notice itself. The licensee has emphasized that the resident voluntarily vacated the premises prior to the eviction date. S1-S4 stated the facility was in compliance with the required procedure, resident and the responsible party for the resident were provided with a written notice 60 days in advance of the proposed eviction date. This notice comprehensively included: - The specific reasons for eviction, detailed with dates, locations, witnesses, and the context of the circumstances. - A copy of the resident's current service plan. - An evaluation of relocation needs. - A directory of referral agencies. - Information regarding the legal rights of the resident's representative to request an investigation by the department into the eviction reasons, as stipulated in Section 1569.35. - Contact details for the local long-term care ombudsman, encompassing both address and phone number. The licensee assures that all steps taken are in full compliance with the established procedures. S1-S4 denied the allegation. Based on interviews, available evidence, observation, information received, and records reviewed there was not enough sufficient evidence to support the allegation. 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 deemed unsubstantiated. Copies of the Complaint Investigation Report LIC9099, and LIC9099-C were provided to staff. Exit interview conducted