Facility Evaluation Report

Licensing Program Analysts (LPAs) Christine Dolores and Grace Donato arrived unannounced to conduct a case management – incident visit. LPA met with Business Office Director, Francisco Sudiacal.

This case management visit is a follow-up from the initial visit conducted on 01/17/2024.

On 01/17/2024, the Department was informed that resident (R1) immediately vacated and removed all his/her personal belongings from the facility on 12/28/2023.

It was alleged that the facility did not issue R1 a refund within 15 days. It was also alleged that the facility did not issue the full refund based on the Final Account Statement that was provided to R1’s designated power of attorney (DPOA) upon move-out.

The review of records shows that on 12/29/2023, the facility’s corporate office personnel emailed R1’s responsible party stating that a refund check will be received via mail within 15 days, however R1’s responsible party received the refund after 15 days.

Based on review of R1’s signed admission agreement, it is stated on page 9 #4(b) “within 30 days after your apartment has been vacated and property has been removed from it, Oakmont shall pay you and your representative a refund of any prorated unused portion of your final Monthly Fee payment, a prorated amount of the Community Fee …”

On 01/17/2024, the Executive Director was interviewed. Based on interview, R1 was exempt from the requirement to submit a 30-day written notice of termination per the admission agreement (page 7-8) to receive a refund. R1 was not exempt from receiving a refund within 30 days. SEE LIC809-C.