complaint·January 18, 2023

The investigation revealed the following: regarding the allegation "staff did not ensure that a needs appraisal was conducted for resident upon admission”, it is alleged that facility did not do a pre-appraisal and appraisal/needs and services plan for R1 upon admission. Interview with the Operations Manager revealed that per their records R1 was admitted on 10/10/2019 and a pre-appraisal and appraisal/needs and services plan was completed on 11/27/2019. The Operations Manager was hired on 11/16/2022 and thus could not provide a reason why the pre-appraisal and appraisal/needs and services plan was completed a month after R1’s admission. Staff interviewed could not provide a reason either. Residents interviewed could not corroborate with the allegation. LPA reviewed R1’s pre-appraisal and appraisal/needs and services plan and confirmed that the pre-appraisal and appraisal/needs and services plan was completed on 11/27/2019 and that R1 was admitted on 10/10/2019. Regarding the allegation "facility does not currently have a certified administrator”, it is alleged that the Operations Manager does not have an administrator certificate. Interview with the Operations Manager revealed that he was hired on 11/16/2022 and the earliest administrator courses were available on 12/02/2022 – 12/04/2022 and 12/09/2022 – 12/11/2022. He completed the courses and submitted his administrator application on 12/17/2022. LPA reviewed the administrator certificate application, courses completed and proof of submission to Community Care Licensing Division Administrator Certification Section , and confirmed the Operations Manager's statement. Based on LPA's interviews and records reviewed, the preponderance of evidence standard has been met, therefore the allegations are found SUBSTANTIATED. California Code of Regulations Title 22, Division 6, Chapter 8 are being cited on the attached LIC 9099D. Exit interview held and a copy of the report and appeal rights was provided. The investigation revealed the following: regarding the allegation " Illegal eviction ". Interview with the Operations Manager revealed that an eviction notice was served to R1 and R1' relative who is R1's power of attorney on 12/20/2022 with an effective date of 01/19/2023.The reason for eviction is due to non-payment of the full monthly care fee. R1's has accrued a balance of $4862.42 dating back to January 2022. The total monthly rate for R1 is $1725, but R1 has only paid $1300. Interview with R1 revealed that they are not paying the $425 difference until the facility explains the reason for the increase because her care needs have not changed and therefore an increase should not have occurred. LPA reviewed the 60 day notice dated 08/20/2021 that was given to 35 residents including R1 with the reason why the increase occurred which was "the cost of labor continues to increase, and Covid-19 have also added increased cost for cleaning supplies and needed personal protective equipment (PPE) for staff". LPA confirmed that the eviction notice was submitted to the Community Care Licensing Department on 12/20/22. Reviewed of the eviction notice shows that it is a lawful eviction per Title 22 Section Code 87224 and R1 refused to sing it. Regarding the allegation " staff retaliated against resident for exercising their right to be involved in the residents council ", it is alleged that R1 was elected as the president of the resident's council in May 2021 and the facility retaliated with an increase in the monthly care fee effective 10/20/2021 and with the eviction notice served on 12/20/2022. Operations Manager and staff interviewed denied the allegation. Operations Manager explained that the monthly care fee increased for 35 residents not just R1 and they provided a 60 day notice on 08/20/2021 with the reason which was "the cost of labor continues to increase, and Covid-19 have also added increased cost for cleaning supplies and needed personal protective equipment (PPE) for staff". The eviction notice was served because a balance accrued due to R1 not paying the full monthly care fee. . Regarding the allegation "staff did not allow resident to participate in planning their care", it is alleged that R1 was presented with an care plan around September 2022 and she was not included in creating the care plan. It is also alleged that R1 does not recall getting a care plan when she was admitted to this facility. Interviewed with Operations Manager and staff revealed that per their records a care plan was created, reviewed and signed by R1 on 11/27/2019 (R1 was admitted 10/10/2019). They also stated that an update was made to the care plan on 10/08/2022 and was presented to R1 for review and signature, but R1 refused to signed it and did not provide a reason. Interview with R1 revealed that R1 does not remember reviewing or signing a care plan on 11/27/2019. R1 stated that R1 refused to signed the care plan provided to her in Spetember or October 2022 because R1's relative told R1 not to sign it. Interviews with the other 6 residents revealed that they could not corroborate with the allegation. LPA reviewed care plan dated 11/27/2019 and R1 signed it and the updated 10/08/2022 care plan R1 refused to sign it. (CONTINUED TO LIC 9099C) Regarding the allegation "facility failed to provide nutritious meals", it is alleged that the facility is not providing a balance nutritious meal because most meals have only carbs. Operations Manager and staff interviewed denied the allegation. Interviews with residents revealed that 5 out of 7 residents could not corroborate with the allegation. LPA toured the kitchen during lunch time and observed that the meal being served contain a good balance of protein, carbs and veggies. Regarding the allegation "facility did not provide documents requested to relative", it is alleged that R1's relative requested documents and the facility did not provided the documents. Operations Manager denied the allegation and stated all documents pertaining to R1 were handed to 2 of R1's relative that came to pick up the documents on 11/23/2022. Operations Manager also stated that R1's relative has requested corporate internal documents and documents with information about other residents and these are the documents they can't provide to R1's relative. The documents provided on 11/23/2022 were R1's billing records from 10/10/2019 to present and entire health record. Residents interviewed revealed that 6 out of 7 residents could not corroborate with the allegation. LPA reviewed a document signed by R1's relatives that picked up the documents on 11/23/2022. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated. Exit interview held and a copy of the report was provided