Complaint·August 1, 2025

The Department also reviewed a copy of a current admission agreement that is being used by the community that states in section ‘5. Basic Services and Amenities’ that, “Unless otherwise specified, these services are included in your Monthly Fee: […] Your Monthly Fee includes one meal per day.” Additionally, the Department reviewed the Resident Handbook (March 2023) and ‘Schedule of Optional Services and Fees,’ neither of which speak to or reference the “My Choice Dining Points.” Under the new points-based system, points are assigned based on the number of days in each month with an average allocation of 15 points per day. If a resident exceeds their dining points for the month, additional points are $1 per point and charged to the monthly bill. Previously, with the “Meal Credit System,” a resident was allocated one meal a day in one of the community dining rooms. A "meal," as commonly understood and as previously provided, could include a complete dining experience: a breadbasket, appetizer, soup, salad, entrée with sides, fruit cup, and dessert. This offering was consistent, predictable, and included without the need for points calculation or supplemental payment. In interviews conducted with the current and former Executive Director, the Department was told that residents were made aware of the changes prior to the implementation of the points program but that no addendum was provided as they are still meeting their contractual promise to provide one meal per day. The replacement of one meal per day with a flexible, but limited point system alters the nature of the contracted service. By introducing this point system without any addendum or updates to the Residence and Care Agreement, the resident handbook or the schedule of optional services and fees, and implementing it without Departmental approval, this is not simply a change in delivery method but a violation of the agreed-upon contract. Due to this information the Department finds this allegation to be SUBSTANTIATED - A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. Deficiencies are cited on the attached LIC 9099-D. Exit interview conducted. Copy of report and appeal rights sent to the Executive Director via e-mail to sign and return a copy to the Continuing Care Contracts Bureau either by fax or email, a copy should be retained for facility records as well.