complaint·November 2, 2021

Health and Safety Code § 1569.683 (a)(4) Eviction notices; reasons for eviction contents; service reads as follows: (4) The following statement: "In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing." The facility issued resident a 60-day eviction notice on 5/1/202 1 , with an effective date of 7/1/2021; however, the eviction notice does not mention an unlawful detainer, as required, and interview with the Administrator confirmed the facility did not pursue an unlawful detainer after resident did not move out by 7/1/2021. Resident's admission agreement, dated 7/13/2020, page 10 (items #5 and 6), notes that the eviction notice must include: (item 5) "A statement that informs the resident that the licensee cannot evict a resident who remains in the facility after the effective date of the eviction unless the licensee files an unlawful detainer action in superior court and receives a written judgment signed by a judge" and (item 6) "A statement that if a licensee pursues an unlawful detainer action, the resident must be served with a summons and complaint". Resident was sent out to the emergency room on 8/25/2021 for low oxygen and was approved by resident's home health and physician; however, the resident was not able to return to the facility when she called from the hospital. Interviews revealed that Administrator stated that she was not able to care for the resident due to having a fever but she could assist her in finding another care home. In addition, the hospital care coordinator stated she would facility back if she couldn't find placement for the resident. Interviews confirmed that resident did not return to the facility after being sent out on 8/25/2021, was hospitalized through 8/31/2021 or longer, and resident's personal belongings were retrieved from the facility on 9/3/2021. Resident prepaid rent through 8/31/2021. The Admission Agreement discusses the facility's refund policy when a resident leaves temporarily or becomes deceased. The resident was not charged; however, for the period 9/1/2021- 9/3/2021 when her personal belongings remained at the facility. Based on information obtained, the Department 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. The following deficiency was cited on 9099-D, per Title 22 Regulations, Division 6. Exit interview. Copy of report and appeal rights provided.