Complaint Investigation Report

Report Continued from LIC 9099. It was alleged that previous ED Ralph Balbin issued an eviction to Resident #1 (R1) without proper 30-days’ notice. Interviews with ED, responsible party of R1, and staff revealed that it was determined R1 had a change of condition requiring the resident to be placed in memory care to meet higher care needs. Facility management verbally informed R1 and responsible party of R1 on approximately 11/15/2022 that R1 will need to move to the memory care unit by 12/01/2022 or the facility will move forward with eviction proceedings on the basis that the facility is unable to meet the care needs of R1. Facility was notified by R1’s responsible party on 11/30/2022 that R1 will move out of the facility. R1 voluntarily moved out of the facility on 12/03/2022. No eviction notice was issued to R1 by the facility and no eviction notice was received by the Department for R1. Furthermore, R1’s admission agreement signed and dated on 12/30/2017 states the facility “upon thirty (30) day’s notice” may terminate the agreement if the facility “and the person who performs the reappraisal believe that the Community is no longer appropriate for [the resident]” and for “failure to comply with the general policies of the Community” which include possible termination if the resident/responsible party of resident “refuse to accept services required in order for [the facility] to meet [the resident’s] needs.” R1’s long-term physician confirmed R1’s change of condition in a signed letter dated 05/10/2022 stating that R1 “is dependent in in [their] basic and instrumental activities of daily living” (ADLs) and “is at risk for wandering and requires substantial supervision.” However, on 12/01/2022, R1 received a second opinion from their primary care provider who stated that they “support the decision of not moving the patient to Memory Unit at this time, given [the patient’s] current cognitive functional level.” On 11/26/2022, R1’s long-term psychologist also recommended that R1 “not go into Memory Care at Belmont Encino because it will be overly restrictive and insufficiently stimulating.” However, as no eviction notice was issued by the facility, the services required for the facility to meet R1’s care needs were refused, and a proper 30-day notice of moving was not provided, the information obtained through interview and record review for this investigation did not include evidence sufficient to corroborate the allegation. Although the allegation may have happened or is valid, there is not sufficient evidence to prove the alleged violation did or did not occur, therefore the allegation “Unlawful eviction” is deemed UNSUBSTANTIATED at this time.

It was further alleged that facility staff financially abused R1 by overcharging for unused services and rent. LPA reviewed R1’s ledger from 01/01/2022 - 12/31/2023 and observed a monthly rent charge of $11,575.00 automatically charged to the card on file every 1 st day of the month and extra services charged every 15 th day of the month.