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Inspection visit

complaint

ROSE GARDENLicense 4058022852 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

your personal property has been removed. The Licensee failed to issue a refund during this time period. The AA states a pre-admission fee of $1500.00 is to be paid and was refundable, listings the conditions for the refund. According to the AA the Responsible Party (RP) meets the following condition for refund: Proportional refunds of pre-admission fees in excess of $500 are given according to the following: (d.) 40% if a resident leaves the facility during the third month. This refund has not been issued to the RP at this time and is due according to the terms in the AA agreement. In the AA it is stated the Licensee shall, within three days of becoming aware of the resident’s death, provide written not ice of the facility’s policies regarding contract termination at death and refunds, which is required by regulation. Resident 1 (R1) passed away on 10/06/2020 and all but two items were removed on that day. Licensee stated to R1’s RP in a text conversation on 10/06/2020 at 1818 hours, “…There’s no hurry to move your mom’s things…” not mentioning anything about refunds. The RP arranged for the last two items to be picked up on 10/18/2021, not realizing the estate would pay for those extra days. The refund is due from the date of R1’s death which is the day the bulk of R1’s personal property was removed on 10/06/2020 and no written notification was given to RP. Evidence shows a refund was issued late on 01/15/2021 to R1’s RP for $2196.78 with a statement it was for refund of rent from October 18 th -31 st , 2020 and $100 for unused incidentals. The Licensee still owes an additional refund for rent and pre-admission fee to the RP. Therefore, this allegation is deemed Substantiated this time. An additional refund will need to be issued to R1’s RP for the remainder of the monies owed. The refund of rent from October 7-31, 2020 at $161.29 per day for 25 days total $4,032.85, $100 October incidentals, $400 for the refund of pre-admission fees, for a total of $4523.85 minus the payment already made to the RP on 01/15/21 for $2196.78 would leave a balance owed to RP of $2,336.07 to be refunded by Licensee. Exit interview conducted, deficiencies cited, copy of report and appeal rights emailed to Licensee to sign and return to the Goleta office by mail.

Citations

2 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 1569.652(d)Type B

    ...(d)... a licensee shall, within three days of becoming aware of the resident’s death...written notice of the facility’s policies...and refunds. This requirement was not met as evidenced by: Based on documentation the Licensee did not comply with R1’s admission agreement to provide written communication regarding refunds which poses a potential personal rights risk to residents.

  • 87507(g)(5)(E)(2)(c)Type B

    ...c. A refund of at least 40 percent of the preadmission fee in excess of $500...during the third month of residency. This requirement was not met as evidenced by: Based on documentation the Licensee did not comply with the AA and did not issue a refund of 40% of the pre-admission to the RP which poses a potential personal rights risk to the residents in care.

FAQ · About this visit

Common questions about this visit

What happened during the April 8, 2021 inspection of ROSE GARDEN?

This was a complaint inspection of ROSE GARDEN on April 8, 2021. 2 citations were issued: 2 Type B.

Were any citations issued to ROSE GARDEN on April 8, 2021?

Yes, 2 citations were issued (0 Type A, 2 Type B). The first citation was for: "...(d)... a licensee shall, within three days of becoming aware of the resident’s death...written notice of the facility..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.