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32 | INVESTIGATION REVEALED THE FOLLOWING:
Allegation: Facility did not issue refund to resident or resident's representative
It is alleged that facility staff did not issue a refund to a resident or their representative. LPA spoke with staff Naome Leibov, who stated facility refund policy is upon death of resident or with thirty days’ notice given to vacate. LPA reviewed facility records and noted that out of those reviewed, three did not have any details filled out regarding refund policy but were signed by residents/representatives. Review of facility files also showed that a preadmission's policy was being charged but a written statement detailing pre-admission costs, stating the fee is refundable and describing those refund options was not found. LPA spoke with residents (R2-R5) regarding the allegation. Two were unable to answer due to diagnosis, but the other two stated they did not know anything about facilities refund policies. LPA spoke with staff (S1-S4) regarding allegations. Of the staff questioned, two stated they did not know facility refund polices, and the other two stated refund policy is upon death of resident or with thirty days’ notice given to vacate. LPA interviewed witnesses (W1-W2) regarding the allegation and both stated the facility refund policies were not clear.
Based on observations, interviews, and record review(s), the preponderance of evidence standard has been met. Records review of admissions agreement and supporting paperwork does not offer residents or their representatives a written statement detailing pre-admission costs, stating the fee is refundable or describe those refund options.
Therefore, the allegation, is found to be SUBSTANTIATED. California Code of Regulations, Title 22 are being cited on the attached LIC9099-D.
Exit interview conducted, appeal rights were discussed, and a copy of this report and appeal rights were provided to Jomar Fernando.
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