197609084-12-10-2020-28-AS-MVAO-BX2SYW-20210107131811

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 197609084
Report Date: 12/09/2020
Date Signed: 12/10/2020 02:35:32 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/28/2019 and conducted by Evaluator Noemi Galarza

PUBLIC

COMPLAINT CONTROL NUMBER: 28-AS-20190828112905

FACILITY NAME:	PARKVIEW OF GLENDALE		FACILITY NUMBER:	197609084
ADMINISTRATOR:	WILKENS, DAVID		FACILITY TYPE:	740
ADDRESS:	426 PIEDMONT AVE		TELEPHONE:	(925) 377-5197
CITY:	GLENDALE	STATE: CA	ZIP CODE:	91206
CAPACITY:	135	CENSUS: 0	DATE:	12/09/2020
		UNANNOUNCED	TIME BEGAN:	03:39 PM
MET WITH:	April Taylor, Administrator		TIME COMPLETED:	04:30 PM

ALLEGATION(S):

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Facility is not abiding by admission agreement.
Facility is coercing residents in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Galarza initiated a subsequent complaint investigation to deliver findings on the allegation listed above. Due to the situation surrounding the Coronavirus Disease 2019 (COVID-19), and to implement mitigation measures, today’s complaint investigation was conducted telephonically with Administrator April Taylor.
The investigation consisted of the following: On 9/5/2019, an initial 10-day complaint visit was conducted. Residents (R1-R5), and staff (S1 &S2) were interviewed. A tour of the interior and exterior physical plant was conducted. NOTE: LPAs observed major exterior physical plant renovations. The interior physical plant ceilings were under construction; no major construction in the interior of the facility. Copies of resident file documents [admission agreements, face sheet, physician report], Addendum to Admission Agreement letter issued to residents in the month of May 2019, Notice of Increased Basic Monthly Fee issued on 8/23/2019, and Plan of Operation Section B7 (total of 3 pages) were obtained. During the course of the investigation LPA obtained an attorney letter dated 5/29/19 written to the facility by "CANHR Long Term Care Justice Advocacy", and the facility's attorney response letter dated 6/11/2019. On 5/6/2020, a resident's family member, and staff (S2) were interviewed via phone.
***SEE LIC 9099C for continuation of report.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Wei Siew Ho	TELEPHONE: (323) 981-3969
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2020

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2020

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 28-AS-20190828112905

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754

FACILITY NAME: PARKVIEW OF GLENDALE	FACILITY NUMBER: 197609084
	VISIT DATE: 12/09/2020

NARRATIVE

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Allegation: "Facility is not abiding by admission agreement." Based on records review, and interviews conducted the findings indicate the admission agreements on file are valid, and enforceable. In May 2019 residents were issued a 90 day notice of rate increases named "Addendum to Admission Agreement". However, the notice did not state the reason for the rate increase, or the specific effective date of the rate increase; it only stated "the beginning of August 2019." On August 23, 2020, a second notice was issued to residents superseding "Addendum to Admission Agreement". The new 90-day "Notice of Increased Basic Monthly Fee" included the effective date, as well as the reason for the rate increase to bring monthly fees "closer to fair market value." On June 1, 2017 the facility was licensed under a new Licensee that issued new admission agreements to all residents in care. The admission agreements were signed by residents and/or their authorized representatives. The majority of the new resident admission agreements do not have a percentage cap on annual rate increases, [section 13 of Admission Agreement]. Assistant Director stated only three (3) resident Admission Agreements had the following written statement "5% increase on the 1st of June annually" added to the "Rate Increases" section. The facility honored the amended admission agreements of residents that had a rate increase cap noted on to their admission agreements. Many of the admission agreements reviewed were observed to have large rate increase hikes from previous admission agreements with former Licensee. Licensee added "medication management" and "care rate" amount to some of the admission agreements. Major remodeling of the exterior and interior of the facility was started, and management decided to implement correction rate increases. Administrator David Wilkens and Assistant Director April stated the rent increases in 2019 were due to the fact that residents did not receive rent increases in 2017 or 2018, and the reason for the rent increase was to bring all the units closer to market value. All residents signed new admission agreements during Summer 2017, after this Licensee/management company began operations.

See LIC 9099C for continuation of report.

SUPERVISOR'S NAME: Wei Siew Ho	TELEPHONE: (323) 981-3969
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2020

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2020

LIC9099 (FAS) - (06/04)

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Control Number 28-AS-20190828112905

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754

FACILITY NAME: PARKVIEW OF GLENDALE	FACILITY NUMBER: 197609084
	VISIT DATE: 12/09/2020

NARRATIVE

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Allegation: "Facility is coercing residents in care." Based on resident and staff interviews the findings indicate that after the 1st notice of rate increase was issued in May 2019, Administration staff offered suggestions, and tour invitations of other facility locations that met the financial needs of the residents that expressed inability to afford the upcoming rate increases. According Administrator several residents informed administration that they planned on moving out, and were given suggestions to other places in the area. Per staff interviews, residents and authorized representatives were informed of invitation to visit other facilities. Four residents expressed interest in visiting other facilities they could afford. Only two residents were taken to see other facilities in the company shuttle. Staff stated that the residents that were transported knew where they were going, were self-responsible, and did not have Dementia. Staff denied coercion. One (1) resident stated that although residents were not forced to go visit other facilities, they may have felt coerced because Administration staff asked some residents to contact other facilities within their budget. Family interview revealed that some residents may have felt the tour invitation as a coercion act since they could not afford the rent increases, and would have to move out by the effective rate increase date. Five (5) out of five (5) residents stated they were not coerced into taking tours of other facilities, and knew where the facility van was taking other residents. Residents stated that only some residents were offered the tour invitation, but it is unknown if they expressed self-interest or they were told by staff they should attend. No evidence to support the allegation was obtained.

Based upon review of facility documents, and interviews conducted the findings indicate that, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated.

A telephonic exit interview was conducted with April Taylor. A hard copy of the report was emailed. Staff was instructed to sign the LIC 9099 reports and return to LPA.

SUPERVISOR'S NAME: Wei Siew Ho	TELEPHONE: (323) 981-3969
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2020

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2020

LIC9099 (FAS) - (06/04)

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