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Inspection visit

complaint

CARLSBAD BY THE SEALicense 3746007991 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

[CONTINUED FROM LIC 9099] Before R1 died, they had prepaid their rent through 03/31/2024. The dollar amount of R1’s March 2024 rent, which they prepaid but did not fully use/expend, is not currently under dispute by any party. According to facility manager interviews and E-mails: As of the commencement of CCLD’s investigation on 04/29/2024, R1’s refund had not yet been disbursed to either R1’s estate or RP, due to outstanding/unpaid balance which R1 had previously incurred at Licensee’s skilled nursing facility (SNF). However, R1’s admissions agreement together with facility billing records showed that the final amount which Licensee charged (and which R1 paid before they died) was expressly for R1’s March 2024 assisted living stay, and not for skilled nursing / healthcare fees. Per regulation, Licensee was required to issue/disburse the refund to R1’s estate within 15 days of their bedroom being vacated of belongings, irrespective of whatever separate business R1 had with Licensee’s SNF facility. Interviews and records aligned to show that this requirement was not met. Based on records and interviews, a preponderance of evidence exists to show that Licensee did not timely refund advance fees, as required. One (1) deficiency was cited per California Health and Safety Code (refer to the attached LIC 9099-D). A Plan of Correction was jointly developed with the Licensee. An exit interview was conducted with Digerness and Kerr, to whom a copy of this report, the LIC 9099-D, the LIC811 Confidential Names List, and the Licensee/Appeal Rights (LIC9058 03/22) were provided.

Citations

1 citation recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 1569.652Type B

    1569.652 Termination of Admission agreement upon death of resident, etc.: “(c) A refund of any fees paid in advance covering the time after the resident’s personal property has been removed from the facility shall be issued to the individual, individuals, or entity contractually responsible for the fees, or, if the deceased resident paid the fees, to the resident’s estate, within 15 days after the property is removed.” This requirement was not met, as evidenced by: Based on records and interviews, for 1 of 201 residents (R1), Licensee did not refund fees paid in advance, covering the time after R1 died and their personal property was removed from the facility, to R1’s estate within 15 days. This posed a potential personal rights violation to residents in care.

FAQ · About this visit

Common questions about this visit

What happened during the April 29, 2024 inspection of CARLSBAD BY THE SEA?

This was a complaint inspection of CARLSBAD BY THE SEA on April 29, 2024. 1 citation were issued: 1 Type B.

Were any citations issued to CARLSBAD BY THE SEA on April 29, 2024?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "1569.652 Termination of Admission agreement upon death of resident, etc.: “(c) A refund of any fees paid in advance cove..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.