complaint·July 7, 2022

Based upon the review and investigation into the first allegation (Providers governing body failed to include resident representative in meetings regarding expansion), AGPA did not find evidence that the ED met with or that the Providers governing body held any meetings regarding the expansion without the presence of the resident representative. Based upon the review and investigation of the second allegation (Provider increased prices in optional services without notice), AGPA found that on July 9, 2021 notification went to all residents regarding the roll out of a new monthly spend-down meal plan (meal plan) that would go into effect on September 1, 2021. On July 15, 2021 and July 16, 2021, the meal plan was presented to residents. The ED also held one on one meeting with residents who were unable to attend. The Provider provided sufficient notice of the change to the meal plan to satisfy the requirements of Health and Safety Code section 1788(a)(23). Under the new arrangements for food in the meal plan, instead of receiving “credits” for individual meals, residents are awarded points to spend on food. Under the revised continuing care contracts, each Saratoga resident in a residential living unit is entitled to 500 points for meals every month. The resident can get credit for a smaller monthly allowance of points or pay additional sums for a larger number of points. Assuming the monthly award of points remains the same, and assuming the same meals are generally available for the same number of points, the statutes do not appear to prohibit a provider from offering special menu items such as “catch of the day” that vary in price, which would not require advance notice. Nor is the provider prohibited or required to offer advance notice when offering different seasonal fruit and charging in accordance with the cost of the specific fruit offered. Entrees like burgers, pastas or standard salads should remain the same and if there is any increase in price or points then 30 days advance notice would be required. Based upon the review and investigation into the third allegation (Provider has failed to ensure effective channels of communication.), AGPA reviewed Saratoga Retirement Communities Communications Policy and Residents’ Handbook, dated September 2021. Both address the communication policy and steps residents can take to address questions and issues. AGPA found that the policies are in compliance with HSC section 1771(c)(4). In addition, there is no evidence that the community, nor providers, failed to follow the channels of communication listed in the Communications Policy or Residents’ Handbook. The Department has investigated the above allegations, and has determined that the allegations are Unfounded, meaning that the allegations were not supported or proven by evidence.