complaint·February 27, 2023

(Continue from LIC812) Review of R1’s signed Admission Agreement indicated that R1 moved into the facility on August 7, 2022. On September 5, 2022, R1 passed away and R1’s personal belongings were subsequently removed from the facility on September 6, 2022. Outside sources and staff confirmed R1’s personal belongings were taken out of R1’s room on September 6, 2022. On September 1, 2022, R1’s Power of Attorney (POA) paid the full rate of $6,000 for the month of September 2022. On October 1, 2022, staff reimbursed R1’s POA 50% of the monthly rate or $3,000. Review of the Admissions Agreement indicated the facility’s policy for reimbursement was stated as, “in the event, where/if resident expires before the 10 th of the month, POA will only receive the refund for the second half of the month. The resident dies on or after the 10th of the month, there will be no refund applicable in that case”. However, according to Title 22 regulations, admission agreements shall not contain any provision that violates the rights of any residents including refund of fees paid. Specifically, according regulations, 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 R1’s POA, within 15 days after the personal property is removed. Based on review of records, and interviews with staff and outside sources, R1’s was entitled for a full reimbursement of $4,800. In addition, records review indicated that Licensee did not reimburse R1 the reimbursement within 15 days after R1's personal belongings were removed. Therefore, this allegation is substantiated, as there is a preponderance of evidence to show the violation occurred. Pursuant to the California Code of Regulations, Title 22, Division 6, deficiency is being cited on the attached LIC9099D and a plan of correction was jointly developed with Administrator. An exit interview was conducted; a copy of this report, LIC811 and Licensee's Rights (LIC9058) were provided to Administrator, Zohaib Alvi.