0n 9/11/24, telephone interviews were conducted with Hector Gomez, Assistant Administrator at 3:22pm to clarify information received during the initial complaint visit and Staff #1 at 4:16pm. LPA Yee was not able to interview Resident #1 as the resident was relocated by their placement agency after a hospital stay.

Per information obtained during the investigation regarding the allegation that staff did not provide an eviction notice to client or client’s authorized representative. The investigation revealed that Resident #1 was given a 30 day Eviction Notice on 1/12/24. Resident #1 was being evicted for verbal and physical abuse towards staff and residents, non-compliance with physician’s orders and medications and poor hygiene. The Department was provided with a copy of the eviction notice via email on 2/6/24 by the Assistant Administrator. Per review of the 30 day Eviction Notice, a return email response was sent to rescind the eviction notice since the basis for the eviction was invalid. Also, the notice did not provide itemized dates of violations, list of violations, resources provided, witnesses and evidence of a reassessment. As a result of the rescission, the eviction notice was voided and not enforced.

Resident #1 continued to reside at the facility and their behaviors escalated. Resident #1 continued to verbally and physically threaten the staff and residents, scream and disrupt the other residents with their violent behaviors, instigate fights, hoarding, refusing medications and bathing. Each time the behavior incidents occurred, it would be reported to the case manager of Resident #1’s placement agency and the PET team called out to assess the resident for hospitalization. The first 8 times that the PET Team was called, they determined that Resident #1 did not meet criteria for hospitalization. The facility continued to work and communicate with the placement agency to find a relocation site for Resident #1. The placement agency was always aware that the facility wanted to evict Resident #1. In May 2024, the facility advised the placement agency that they were going to start the eviction process to evict Resident #1 once the Department reviewed and approved the 30 day Eviction Notice. Per information obtained, the placement agency believed that the facility was enforcing the original 30 day eviction given to the resident on 1/12/24 and is not aware of a second 30 day Eviction Notice. A second 30 day Eviction Notice was emailed to the Department on 5/10/24 for review and determined to be invalid also. The Administrator was contacted via telephone to rescind the notice and it was never given to Resident #1 or the placement agency.

continued on LIC9099-C

Based on the investigation conducted, there is insufficient evidence to support the allegation that the staff did not provide an eviction notice to client or to client’s authorized representative.

No deficiencies were cited on today's visit.

Exit interview was conducted and a copy was provided.