complaint·September 20, 2022

The preponderance of evidence standard has been met; therefore, the above allegation is found to be Substantiated. California Code of Regulations, (Title 22, Division 6, Chapter 8), is being cited on the attached LIC 9099D. Appeal Rights Given. LPA was able to obtain email throughout investigation. Email statement on April 2022 resident’s R1 Power of Attorney (POA) requested documentation which wasn’t provided. However, on 5/18/2022 there were several exchanges of emails between facility and POA which states that medical records were being requested which were provided on 6/30/2022. Facility attempted to submit files, however; due to digital files size being too large, facility contacted POA regarding this situation and left a copy at front desk for pickup on 7/2/2022. LPA is not able to prove or disprove that requested records were not provided to authorized representative since there were several documents provided on 7/2/2022. There is no Regulation regarding the timing to submit documents that might be requested by responsible parties. Therefore, the allegation is unsubstantiated . The complainant alleges the facility is retaliating because of the rate increase. Based on LPA;s interviews and evidence provided by complainant of annual increase and care fees LPA was unable to obtain information to corroborate the allegation. According to records reviewed, facility has increased residents' rate due to a “Costumery annual increase in rent and care fees” and/or a change of condition that might occur at any time to a resident. Based on interviews and records reviewed, the Department can’t prove or disprove that there is retaliation due to prior complaint. Therefore, this allegation is unsubstantiated . Although the allegations above 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 allegations are Unsubstantiated . In addition, on 3/31/2022 facility submitted a letter to all residents regarding “costumery annual increase in rent and care fees” which “would be affective on 6/1/2022. According to facility care plan program, points will start to increase when the care needs increase and will be reflected on the next billing cycle. Title 22 Regulation 87507 states that facility must give 60-day notice when there is any increase of its rate structures for services. Therefore, the allegation is Unfounded . We have found that the complaint allegation was unfounded , meaning that the allegation was false, could not have happened and/or is without a reasonable basis.