complaint·July 21, 2022

[CONTINUED FROM 9099] Interview of R1 and review of their facility care records revealed that they were alert and aware, with no memory deficit; their testimony was reliable. R1 said they alerted their bank in September 2021, when they first suspected unauthorized charges were made on their debit card. Bank records corroborated this, further revealing from August through November 2021, there were 31 unauthorized charges on R1’s debit card(s), totaling $1,169.13. The charges included digital media purchases from Apple, merchandise from Nike and Shein, fast food deliveries from GrubHub and UberEats, and ride-share services from Lyft and Uber. Some charges involved pick up and/or delivery direct to the facility’s address, while others occurred in Mexico. Subpoenaed merchant transaction records showed facility Staff #1 (S1) was the customer who made the unauthorized charges. Merchants provided S1’s full name, phone number, E-mail address, and IP addresses, which were matched against a government database, producing S1’s social security number. Data from these outside sources matched S1’s profile in CCLD’s background clearance database, providing a positive identification. Facility and CCLD records show that S1 was an employee of the licensee during the period that the unauthorized charges were made on R1’s debit card(s). S1, when interviewed at the facility, denied any involvement. Nonetheless, R1’s financial institution concluded fraud occurred and refunded R1 the unauthorized charges. Regarding complainant’s concern about the two large in-person cash withdrawals from R1’s bank account, CCLD determined they did not constitute abuse. [Resident #2 (R2) is R1’s spouse and lives with R1 at the facility.] Interviews of R1, R2, and facility staff unanimously revealed that R1 sought to save money. Licensee offered them a 5% discount for paying their monthly rent in cash (instead of by check). R1 utilized this discount for two months, then reverted to paying by check starting in October 2021. Interviews and bank surveillance footage depict facility staff accompanying R2 to the bank, once in August 2021 and once in September 2021, to withdraw cash. On both occasions, R1 phoned the bank management in advance to verbally approve the withdrawals. R1 was confident that the withdrawn cash was accurately applied to the facility’s rent charges for themselves and their spouse. CCLD studied the facility’s invoices and payment receipts for R1 and R2, comparing them against the bank’s record of R1’s cashed checks made out to the facility. CCLD found no evidence of theft here, concluding that the financial records reinforced the common narrative described in interviews. [CONTINUED FROM 9099-C, 2 of 2] [CONTINUED FROM LIC 9099-C, 1 of 2] Based on interviews and records, the preponderance of evidence shows that a particular facility employee (S1) financially abused a particular resident (R1) in care. The allegation is therefore substantiated. A deficiency is cited per California Code of Regulations, Title 22 (refer to the attached LIC 9099-D). A Plan of Correction was jointly developed with the licensee. An exit interview was conducted with Guerrero, to whom a copy of this report, the LIC811 Confidential Names List, and the Licensee/Appeal Rights (LIC9058 01/16) were provided.