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32 | Allegation: Unlawful Eviction
It was alleged that R1 had been unlawfully evicted due to non-payment. To investigate this allegation LPA conducted interviews with the Executive Director, Memory Care Director, and Business Office Director, during the initial visit. All parties interviewed informed LPA that R1 moved to this facility in August 2023. Based on R1’s Admission Agreement the monthly rent fee was $2800.00 not including $600.00 rate for care services. As of July 2024, R1 started the Program of All-Inclusive Care for the Elderly (PACE). During the interview with the Business Director, LPA was informed that per R1's POA request, the claim forms were submitted to the PACE program for the partial monthly amount of $1350.00 to cover the rents from October 2024 through January 2025. On 01/09/2025, the accumulation of non-payment rent amount totaled $6233.00 (including late fees). Thus, on February 10th 2025, the facility issued an Eviction Letter to POA for non-payment and submitted a copy to Community Care Licensing (CCL). Moreover, interview with the Executive Director revealed that upon admission, R1’s Power of Attorney (POA) signed the Admission Agreement acknowledging that “the monthly fee and all other applicable charges and fees are payable in advance by the first (1st) day of each calendar month, by ACH, check or money order…”. Despite previous discussions about the default balance, R1 and or R1’s POA made no attempts to settle the unpaid amount. LPA reviewed copy of the facility "Collections Policy" where indicated the following: "Each community is responsible for the collection of its' outstanding resident balances in a timely manner. If payment is not received by the 10th of the month, a 30-day notice may be given." Lastly, five (5) residents interviewed during today's visit confirmed that they are aware of the admission agreement, and they are also aware of the eviction rules. Based on interviews and document review, the facility properly issued R1’s eviction due to nonpayment. Therefore, the allegation is deemed Unsubstantiated, at this time.
Exit interview conducted and copy of this report signed and delivered.
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