Complaint Investigation Report
Regarding the allegation, it was alleged that staff did not refund fees according to the resident's admission agreement. Resident moved into the facility on 8/30/2023. Interviews revealed that the resident and their responsible party (RP) informed staff and moved out of the facility on 10/31/2023 without a written 30 day notice, 63 days after move in. It was confirmed that on 9/20/2023, the RP was provided a credit as a courtesy, in the amount of $6,616.77 to help the resident avoid paying rent at two different facilities during the moving transition from the resident’s previous facility to Silverado Thousand Oaks. Approximately 63 days later, the RP made the decision to move out; as such, per the admission agreement ‘Termination by Resident’ it indicates “you may terminate this Agreement at any time, with or without cause, by giving the Administrator of the Community or his/her designee thirty (30) days prior written notice of termination. You need not to cite a specific reason for termination". A written notice was not received, and the RP moved forward with moving the resident out of the facility on the same day a verbal notification was given by the RP to the facility of the resident’s plan to move out, 10/31/2023.
A review of the admission agreement revealed a statement, stating that parties understand that ‘the Administrative Fee of $10,000 is partially refundable based on the time of discharge from the community, in this case the resident moved out after the 60th day of residing at the facility as they moved in on 8/30/2023 and moved out on 10/31/2023 which puts the resident in the refund window of 61-90 days following move-in: allowing a 40% refund of the Administrative Fee after a $500 fee is deducted based on the agreed terms in the admission agreement. The refund for the Administrative Fee is to be issued within thirty days (30) of submitting written notification to move-out. However, a 30 day written notice was not received by the facility and instead a verbal notice was accepted on 10/31/2023 therefore making the end of the 30 days effective December 1st, 2023.
Based on the evidence received, there is insufficient evidence to support the allegation. The above allegation is Unsubstantiated at this time.
Source: California Department of Social Services, Community Care Licensing. Methodology · Report a correction