Complaint Investigation Report

Regarding the allegation that the facility failed to issue a refund: it was alleged that R1 moved into the facility on March 16, 2024, went to the hospital on April 1, 2024, did not return to the facility, R1’s responsible party moved R1 out of the facility and removed R1’s belongings from the facility on April 3, 2024 and requested a refund on that date, but the facility did not provide a refund. LPAs interviewed a witness who confirmed these details. LPAs attempted to interview R1, but R1 is no longer present at the facility. LPAs interviewed LE and AD who corroborated these facts, but denied that a refund was required because no notice was provided. LPAs reviewed R1’s Admission Agreement dated March 16, 2024 which states: “REFUND/PRORATION POLICY. If the resident moves out, the basic rate will continue to accrue until all personal belongings are removed from the facility. Unused rent moneys will be returned fifteen (15) days after room is vacated of all belongings, clothing and furnishings.” Based on R1’s Admission Agreement dated March 16, 2024, no notice was required and the facility should have issued a refund for prorated unused fees starting on April 4, 2024.

During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative.