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32 | (Continued from LIC9099) At 2:00 p.m. LPA conducted a physical plant tour to ensure the health and safety of the residents in care. While conducting the physical plant tour LPA attempted to interview resident #3 (R3), but they refused to be interviewed. LPA attempted to interview resident #4 (R4) but they were sleeping. LPA attempted to interview resident #5 (R5) but they did not respond to questions. From approximately 2:25 p.m. to 2:40 p.m., LPA conducted interviews with two (2) residents, Resident #1 (R1) and Resident #2 (R2).
LPA’s interview with the administrator revealed that R1 receives Supplemental Security Income (SSI) and is an Assisted Living Waiver (ALW) participant. The administrator stated that the facility planned to increase its fees in alignment with Social Security rate adjustments for 2025. According to the administrator, R1’s ALW case worker advised that a 30-day notice would be sufficient, and the facility subsequently issued a rate increase notice to R1 and their responsible party on 02/06/2025 with effective date 01/01/2025. According to the administrator a payment for R1 was actually received on April 2025 after a notice of failure to pay the increased rate was sent to R1 and their responsible party in March 2025.
LPA reviewed the Non-Medical Out-of-Home Care (NMOHC) Payment Standard for Individuals in Licensed Facilities, which confirmed that the payment standard did increase effective January 1, 2025. While the rate increase itself was appropriate, the facility’s own admission agreement with the resident’s representative verbatim states: “The facility reserves the right to increase the basic monthly fee, its rate structure for services including its fees for its levels of care by providing a 60-day written notice”. Furthermore, Effective January 1, 2025, Health and Safety Code section 1569.655 requires that written notice of any rate increase be provided no less than 90 days in advance to residents or their representatives. Based on interviews and record review, the allegation is deemed Substantiated at this time.
Exit interview conducted. Copy of report provided. Appeal rights provided. |