Complaint Investigation Report

During this meeting it was announced to residents that the 6% monthly care fee increase (MCFI) would be implemented on April 30, 2025. This information supported that a violation had occurred.

The allegation is found to be substantiated; The provider failed to make available to residents the budget for the upcoming year 14 days prior to the meeting, the budget was provided to residents less than 3 hours prior to the meeting.

This deficiency will be cited, Pursuant to Health and Safety Code (HSC) section 1771.8(d), At least 14 days prior to the meeting to discuss an increase in the monthly care fee, the provider shall make available to each resident or resident household comparative data showing the budget for the upcoming year, the current year’s budget, and actual and projected expenses for the current year, and a copy shall be posted in a conspicuous location at each facility, see LIC9099D.

A technical violation for HSC section 1771.8(e) is also being noted as the provider made changes to the materials being presented the day of the meeting, violating the requirement to make available to residents of the continuing care retirement community upon request the agenda and accompanying materials at least seven days prior to the meeting. The materials provided to the Resident Council/Finance Committee (RC/FC) were changed less than seven days prior to the meeting.

The Department reviewed documentation, Zoom recordings, and conducted interviews relevant to the allegation, “failure to response to resident association timely.” Emails from the RC/FC to the Executive Director (ED) and another Oakmont Management member (S1) with questions requesting responses were sent on numerous dates (January 14, 16, 2025, and February 24, 2025) with no follow-up responses provided. Additionally, during the Semi-Annual Meeting – Budget on January 30, 2025, residents asked multiple questions and were told they would have a response in writing within 7 days, documents provided do not show that this promise was delivered upon, nor were any written responses outside of an “Occupancy & Care Breakdown” provided as follow ups to residents’ questions. Additionally, the ED did admit that sometimes responses are given verbally to questions and there is no follow-up in writing. Information obtained supports that a violation occurred.