1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | member confirmed R1’s room at the facility was fully vacated, thus terminating the residency contract. Although R1 did not return to the facility following a stay at the psychiatric hospital, it is unclear whether the facility refused the resident to return or if the family and/or hospital social worker made the decision for R1 not to return. R1 was discharged to a SNF, which is a level of care the facility cannot provide per Title 22 regulations.
Based on the information gathered, although the allegation may be valid, at this time there is insufficient evidence to support the allegation or that a violation occurred, therefore the allegation “facility illegally evicted a resident in care” is deemed UNSUBSTANTIATED at this time.
On the allegation: Facility did not issue a refund to a resident in care. It is alleged that R1 had their personal belongings removed from the facility on 02/25/2024 after being in a psychiatric hospital beginning on 01/28/2024. The allegation requests a refund for the days R1 was out of the facility from 01/28/2024 to 02/25/2024, with the resident not returning to the facility.
LPA requested and received a copy of the documented facility residence and services agreement/admission agreement. The facility admission agreement was signed and dated by the responsible party of R1 on 07/29/2022. The facility admission agreement has a refund policy regarding the vacating of an apartment, and the refund of unused portion of monthly fee. The monthly fee is defined in the admission agreement as total combination fee of apartment fees and service plan fees. Supplemental support services/additional services are offered for an additional fee. According to the facility admission agreement signed/dated by the responsible party of R1, the facility fees did not include any additional/supplemental support services for R1 while in care. The monthly fee charged to R1 was the combined apartment fee and the service plan fee. If the admission agreement is terminated, the resident must vacate the apartment and remove all property from it. The resident or their responsible party will remain liable for the monthly fee until the effective termination date and all the resident’s property is removed from their apartment, whichever occurs later. The facility may also charge a resident a property storage fee if they fail to remove their personal belongings by the effective termination date. Following the termination of the admission agreement, the facility will pay the resident or their responsible party a refund equal to any amount owed, minus certain conditions including any expenses
incurred to store resident’s property that was not removed upon vacating the apartment. According to the
facility admission agreement, R1 is liable for the monthly facility fee until all R1’s property is removed from
Report Continued on LIC 9099-C |