complaint·August 10, 2021

Licensee stated, while R1 was staying at the facility for about 4-5 months, the facility did not receive any form of payment for R1. Licensee stated he had reached out to the placement agency for R1 and requested payment. Licensee stated he had received a payment from the placement agency, however, it was not in the full amount. Licensee stated he had contacted R1’s POA regarding payments and moving R1 to another facility. The Department requested for an eviction letter for review. Licensee stated he did not submit an eviction letter to CCL or gave notice to R1 or R1’s POA. Licensee stated all communication with R1’s POA was verbal. Per facility’s eviction policy, the agreement must specify that a written notice that includes specific facts concerning the date, place, witnesses, and circumstances for eviction will be provided to the resident. Specific conditions under which a resident may be evicted must be worded exactly as written in the applicable law or regulations. “The licensee may, upon 30 days written notice to the resident, evict the resident for one or more of the following reasons.” An Unusual Incident Report was submitted to CCL. On 05/03/2020, R1 complained of pain on wrist in both hands and was taken to Kaiser Morse ER by Licensee. Licensee stated he had spoken to the Physician that was caring for R1 and indicated that he did not have the resources to care for R1 anymore. Licensee stated the Physician told Licensee that the hospital will place R1 in a Nursing Home. Licensee stated, “Based on his words, I left.” After Licensee had left Kaiser Morse ER for about 30 minutes, Licensee received a call from Kaiser discharge planner to make arrangement to have R1 picked up from the hospital. Licensee explained to Kaiser discharge planner that the Physician will place R1 in a nursing home due to lack of resources. Kaiser discharge nurse notified Licensee what he was doing is considered abandonment. Licensee stated he would only agree to take R1 back to the facility if they would pay him. The Department asked Licensee for clarification from Licensee that R1 did not return to the facility. Licensee stated R1 was not discharged back to the facility and that R1’s POA picked up R1’s belongings. While R1 failed to pay for services provided, facility did not provide a 30-day notice. Due to this information CCL finds the allegation to be SUBSTANTIATED . – A finding that the complaint is substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. Deficiencies are cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and a copy of the report was left at the facility.