complaint·October 28, 2022

LPA reviewed toileting assistance records from 5/6/22 through 6/30/22 which indicated missing entries on 6/1, 6/7, 6/9, 6/16, 6/18, and 6/23. Interviews revealed each shift (morning, afternoon and night) must check off each task once complete. The dates listed above were missing the NOC shift entry which indicated R1’s toileting needs were not met during that shift. Based on record review and interviews, this allegation is deemed Substantiated at this time. On the allegation: Facility did not follow refund policy. Reporting Party stated Resident 1 moved in on 5/6/22 and moved out on 7/19/22 and therefore is entitled to a 40% Community Fee Refund. LPA reviewed R1’s admission agreement page 6 which states: “4.1. Community Fee Refund Policy…4.1.4. If the resident leaves the Community for any reason during the third month of residency, the resident is entitled to a refund of 40 percent (40%) of the Community Fee in excess of $500”. LPA interviewed Administrator on 10/10/22 who stated although R1 moved out on 7/19/22 they did not provide a proper 30-day notice until 7/19/22 with a move out date of 8/19/22. However, the admission agreement and health and safety code state that the resident is entitled to a 40% refund if the resident leaves for any reason “during the third month of residency.” R1 left the facility during their third month of residency. Therefore the allegation is deemed Substantiated at this time. Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiencies were cited (refer to LIC 809-D) Exit interview conducted. Report, Deficiencies, Civil Penalty, and Appeal Rights issued via email. 1.1. Basic Services included in the Net Monthly Fee…1.1.11. Transportation, as scheduled, to local shopping, banks, grocery stores and medical appointments in Santa Maria and the surrounding vicinity.” LPA interviews with Administrator regarding transportation indicated the facility will arrange transportation to appointments on Tuesday and Thursday and if the driver was unavailable, the activities director can transport residents. Administrator stated that if the facility is unable to transport a resident, they may contact the family to see if they can transport the resident. The facility does not have a transportation schedule or log showing rides given. Based on the investigation, there is insufficient evidence to prove this allegation, therefore it is deemed Unsubstantiated at this time. LPA advised the facility that the facility is required to arrange transportation to medical appointments for residents, and recommended updating their transportation plan to ensure they are compliant with regulations. Exit interview conducted, copy of report emailed to the Administrator.