complaint·March 21, 2024

Level of care Assessment is modeled off the Assisted Living Waiver Program Assessment Tool. Scores are categorized as Tier 1: Independent, Tier 2: Supervision, Tier 3: Limited Assistance, Tier 4: Extensive Assistance, and Tier 5: Total Dependence. The written notice sent to R1’s POA had a “ADL Self Performance Assessment” attached scoring R1’s “Level of Care” as “Tier 5: Total Dependence” for categories “Bed Mobility”, “Transfer”, “Dressing”, “Eating”, “Toilet Use”, “Personal Hygiene”, and “Bathing” . Pricing for Level of Care is modeled off the Assisted Living Waiver Program 2023 rates for Level of Care with Tier 1: $88.60 per participant per day, Tier 2: $105.86 per participant per day, Tier 3: $123.12 per participant per day, Tier 4: $166.27 per participant per day, and Tier 5: $250.00 per participant per day. The last page of the ADL Self Performance Assessment has a note signed by Administrator Efren Rillo stating R1 was assessed at Tier 5 level of care but will be charged at Tier 4 rates of $166.27 per day. Interview with Administrator Rillo revealed they lowered the level of care Tier rate for R1 due to R1 living at this facility for 10 years. Therefore based on interviews and records review, the allegation " Staff did not provide responsible party with an itemized list " has been deemed UNFOUNDED at this time. Regarding the allegation “illegal eviction”, it was alleged Pico De Loro is now in the process of evicting R1 due to not being able to afford the adjusted rate of care. Interview with Administrator Rillo stated they have not started the process of evicting R1 and they had no intention of evicting R1. Administrator stated R1’s Power of Attorney (POA) is delinquent in payment and has not paid for the months of January 2024 and February 2024. Interview with R1’s POA revealed that R1 was currently at the facility, R1 had not been evicted, and POA did not receive an eviction notice. Record review of text messages revealed POA was aware of the delinquent of payments for two months and informed Administrator Rillo they understood due to their delinquency in payment R1 may be evicted. This agency has investigated the complaint alleging “illegal eviction. We have found that the complaint was unfounded, meaning that the allegation was false, could not have happened and/or is without a reasonable basis. An exit interview was conducted, and a copy of this report was provided to Garcia.