complaint·August 20, 2021

Regarding the sale of the residents’ property in El Cajon, according to R1’s and R2’s property loan terms, California Real Estate Listing Agreement and California Real Estate Purchase Agreement, the owners must reside within their own home to avoid a repayment clause. Because the residents were relocated to the residential care facility after their discharge from a skilled nursing environment, the repayment clause was triggered. In addition, to qualify for Veteran’s Administration (VA) Benefits Aid and Attendance, outside source documents corroborated that in order to allow for R2’s uninterrupted care, $84,500 from the sales proceeds was required to satisfy the VA benefits eligibility. This sale proceed is to be applied to the board and care agreement for assisted living services and room and board. The agreements also show that R1’s signature was on both forms. Thusly, R1 entered into the sale agreement and the contract for the uninterrupted care at the assisted living facility without coercion. Review of the financial ledgers indicate that the facility received $106,596 in total income from the residents for the board and care stay from August 2019 through May 2020, including the $84,500 advance payment. Facility’s board and care services for both residents during this time period were audited in the amount of $98,884.95 and includes rent payments in the amount of $5,000 for R1 and $6,000 R2--$1,000 for additional services for R2’s health conditions--and prorate adjustments in the amount of $4,451.61 for August 2019 and $1,333 May 2020. The resident, or their responsible party, is owed $7,711.05. According to San Diego County records, as of May 21 st , 2020, the value of the resident’s property in El Cajon ranged from $329,406 - $471,984. Outside source observation in June of 2020 reported that the property’s external condition is very poor. A market difference of $4,406 for a house sold in August 2019 is not extreme as the house value has increased in recent market conditions. Financial documents show that the R1 also received a difference of $78,065.53 after the sale of the home, rent deductions, VA benefits adjustment, and repayment clause trigger. Kelly blue book records show that the market value of the vehicle was between $2,514 - $4,637 for a 1993 Toyota Pre-runner. Interviews also indicate that R1 was not under coercion at the time of the sales of the properties. (continued) Based on the available information through records and interviews, evidence could not corroborated that R1 was financially exploited through the sale of their properties to the licensee for payments of room and board. Even though the resident, or their representative, is owed a refund, the amount due is accounting for unsettled prorate funds. Therefore, this allegation is unsubstantiated which means that the preponderance of the evidence standard has not been met. It was also alleged that residents were not being provided food and water. Based on interviews and observations, the facility has an ample supply of food and that residents, including R1 and R2, were provided meals and liquids to meet their needs. Records review show that R1 did not require a special diet where licensee would have to meet a prescribed order. Therefore, this allegation is also unsubstantiated because the preponderance of the evidence standard has not been met. An exit interview was conducted and a copy of this report and Licensee’s Rights (9058 01/16) were provided to the licensee by electronic mail. An e-mail receipt confirms the acknowledgement of these documents.