complaint·September 7, 2021

A records review also revealed that R1's legally responsible person signed the admission agreement on March 31, 2021, and that R1 would begin their residency at the facility on April 1, 2021. Facility records also revealed that R1 gave the facility a thirty (30)-day written notice on April 21, 2021 that they would be moving out of the facility by May 26, 2021, and that R1 did, in fact, move out by that date. R1 then requested a refund of the remaining portion of the community fee on at least two occasions, the last one in writing on August 5, 2021. The admission agreement signed by the facility representative and R1's legal representative states that, "You will receive any refund that is due within thirty (30) days following the effective termination date." Records reveal and the Administrator concedes that the effective termination date of R1's residency was May 26, 2021. Therefore, a refund of sixty (60) percent of the community fee, less $500 was due to R1 within thirty (30) days of May 26, 2021. To this day, which is well beyond the thirty days required under the agreement, R1 still has not received their refund. Based on the evidence obtained from interviews and records review, the allegation that facility did not issue resident a timely refund is found to be SUBSTANTIATED, as there is a preponderance of the evidence to prove that the allegation occurred. A citation is being issued in accordance with California Code of Regulations, Title 22, and is listed on the attached LIC 9099D, as is the plan of correction that was developed by Administrator Diane Domingo. An exit interview was conducted with Ms. Domingo, and a copy of this report, the LIC 9099D, the LIC 811 and Licensee/Appeal Rights (LIC 9058 FAS 01/16) were emailed to her to the email address that she provided to LPA; she expressed that she would send a confirmation email upon receipt of these documents.