complaint·November 15, 2021

On September 5, 2021, R1 began hospice services. On September 8, 2021, R1 passed away. R1’s responsible party had paid the facility $7,000 for care of R1 for the month of September 2021. On September 9, 2021, R1’s responsible party removed R1’s belongings from the facility. At this time, R1’s responsible party inquired about receiving a refund. Staff at the facility told the responsible party that the Licensee would need to be contacted regarding any refunds. Interviews and review of facility records revealed that the facility has a policy of not providing refunds to any residents that receive hospice or palliative care services. Facility records reviewed revealed that there is an admission agreement addendum that states “In the event that a resident is admitted to palliative care or hospice, the basic monthly fee and admission deposit, if any is non- refundable. This is due to extra expenses of PPE and extra expenses of such care”. Facility records reviewed indicate that R1’s responsible party had signed an addendum stating the former. Interviews with the licensee revealed that although there is a no refund policy addendum as part of the admissions agreement, she uses her discretion as to when this policy is implemented and will work with families if they have an issue with the policy. The Department notified the Licensee of the complaint on September 21, 2021. On September 24, 2021, R1’s responsible party was provided a refund of more than $4,000. Interviews with staff and outside sources corroborate that a refund was given. The refund of the balance of rent paid in September 2021 was provided to R1’s responsible party within required 15 days of R1’s belongings being removed from the facility. (CONTINUED ON LIC 9099-C, 2 of 3) During the course of the Department’s investigation, records revealed that there were at least two additional former residents’ responsible parties that did not receive a refund for the balance of rent after the residents passed when the residents were receiving hospice services. Interviews with these former residents’ responsible parties revealed that they did not realize that they could potentially have a refund, so they never inquired. Resident 2 (R2) was admitted into the facility on October 29, 2015. R2 began hospice services on August 16, 2021 and passed away on September 3, 2021. R2 had prepaid the facility approximately $ 5,000 for the month of September 2021 prior to them passing. R2’s responsible party removed R2’s belongings from the facility approximately a week after R2’s death. Unlike R1, R2 and/or their responsible party had not signed the addendum to the admission agreement. Resident 3 (R3) was admitted to the facility on October 17, 2016. R3 began hospice services on May 27, 2021 and passed away on June 6, 2021. R3 has a signed addendum to the admission agreement in their file that stated they would not receive a refund. R3’s responsible party stated that R3’s belongings were removed from the facility within a few days of their passing. R3’s responsible party had prepaid the facility approximately $ 5,000 for care of R3 in June 2021. A review of the addendum revealed the Department had not approved the change to the Admission Agreement and it was determined to not meet the Health and Safety Code. Based on interviews, and reviewed records, a preponderance of evidence exists to substantiate the allegation. A deficiency is cited per California Code of Regulations, Title 22 (refer to the attached LIC 9099-D). A Plan of Correction was jointly created with the licensee. An exit interview was completed with the licensee, to whom a copy of this report, LIC 811 (Confidential Names List) and the Licensee/Appeal Rights (LIC9058 01/16) were provided via e-mail.