complaint·March 27, 2025

LPA Miller reviewed the Admission Agreement executed on 11/9/23. Section 7, states in part, “We will refund to you 80% of the amount (“the Excess”) of the New Resident Services Fee that exceeds $500.00 and we will retain $500.00 plus 20% of the Excess if (A) we have conducted a preadmission appraisal of your condition and you do not move into the Community, or (B) you move into the Community and stay for less than one month.” R1 had a preadmission appraisal and stayed for less than one month. The facility retained only $500.00 of the New Resident Services Fee and did not hold the additional 20% as stipulated in the agreement. A review of the facility financial statements reflect that an accurate refund was issued to R1 and calculated as follows: 80% of $2,895.00 Community Fees = $2,316.00. less $500.00, as outlined in the admission agreement, being $1,816.00. The facility further deducted 1) $309.47 Pro-rated December rent 2) $120.38 Late Fee 3) $350.14 for December Level 5 Care, and 4) $57.21 December Med Lev 1 Care. ($1,816.00 - $309.60 - $120.38 - 350.14 - 57.21 = $978.80, being the balance refunded to R1. LPA Erika Miller interviewed R1’s representative on 1/7/2025, and R1’s representative indicated they did not have an issue with the refund that was provided. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is Unsubstantiated. Allegation: Staff did not provide care services agreed upon. It was alleged that staff did not provide care services as agreed upon in the admission agreement, as the facility did not provide two-person transfer assistance to R1. LPA reviewed Physician’s Report dated 11/14/23, which states R1 is ambulatory, but needs assistance in self-care. LPA reviewed 11/20/23 Functional Needs Assessment, which states R1 is non-ambulatory and uses a walker and wheelchair. Based on the results of the assessment, it was determined that R1 required Level 5 Care, providing up to 17.5 hours of care per week and Med Level 1 Care, that provided for up to two medication passes per day. Facility classified R1’s fall risk as a Stand-By/Remind level of assistance. R1 required limited assistance in bathing/showering, and dressing. R1 also required minimal level of assistance in transfers and escorting. No documents in R1’s file indicate they required two-person transfer assistance. Interview with R1’s representative revealed after R1 moved in, they were informed the facility is not “licensed” to provide a two-person transfer. R1’s representative stated R1 was very weak when they first moved in from the hospital and needed a two-person assist for several days. R1’s representative stated staff “dropped” R1 on the floor three separate times during a wheelchair to bed transfer, but only reported one fall. LPA reviewed files for Unusual Incident Reports on R1 and found no incidents reported during R1’s stay at the facility. Staff confirmed that they were unaware of any falls R1 sustained while at the facility. There was insufficient evidence to support that facility was unable to or failed to provide care as stipulated in the Admission Agreement. The facility is not required to have a specialized license to perform a 2-person assist. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is Unsubstantiated. An exit interview conducted, and a copy of this report issued.