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32 | Regarding the allegation: Facility incorrectly charging resident. It is being alleged that the facility is overcharging Resident #1 (R1) for rent. Per record review and interviews, as of 01/01/2022, R1 is being charged $1231.77. On 11/19/2021, the Department of Social Services, Community Care Licensing Division released the Provider Information Notice (PIN) 21-23-CCLD, which describes the estimated SSI rate increase (Described as PIN 21-23-CCLD ESTIMATED SSI/SSP PAYMENT STANDARDS EFFECTIVE JANUARY 1, 2022). The amount payable for basic services was listed as $1,211.77. The bottom of the PIN is as follows: Recipients who have income in addition to their SSI/SSP check (for example, a pension, Social Security retirement, or disability benefits) can be charged the $1,211.77 amount for basic services plus an additional $20. Because federal rules do not count the first $20 of a recipient's income against his/her SSI/SSP grant, an SSI/SSP recipient with other income has an extra $20 that people who receive only an SSI/SSP check do not have. Neither federal nor state law restricts the recipient in how this additional $20 amount is spent. Thus, if the recipient agrees in the admission agreement to pay the additional $20 for basic services, the facility may charge the additional amount.
Per record reviews and interviews, R1 does not receive income in addition to the SSI/SSP check, which should not allow the facility to charge an additional $20. Interview with the Administrator revealed that R1 did not let the facility know about R1’s income when the Administrator discussed with R1 the specifics of the increase. Based on the information obtained, there is sufficient evidence to support the claim, that the facility is overcharging R1 on rent. This allegation is deemed Substantiated at this time.
The following deficiencies were observed (See LIC 9099-D.) and cited from the California Code of Regulations, Title 22 and California Health and Safety Code. Failure to correct the deficiencies may result in civil penalties.
Exit interview conducted and report reviewed with Administrator. A copy of the report and appeal rights waill be provided via email. |