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32 | INVESTIGATION REVEALED THE FOLLOWING:
Allegation: Facility staff refused to refund resident's unused rent payment
Based on records review, Admission Agreement indicates Resident #1 (R1) was admitted to the facility on 12/29/2022. R1 moved out and transferred to another facility on 12/5/2023.
It was alleged that facility staff refused to refund resident's unused rent payment. On 1/9/2023 from 11:00 am – 1:55 pm, LPA Lourdes Montoya conducted interviews with four out of four staff (S1-S4). LPA attempted to interview five out of five residents (R2-R6). Two out of five residents were sleeping, two out of five residents refused the interview, and one out of five residents was unable to maintain a conversation. R1 was transferred to another facility and LPA was unable to obtain statements from R1 during the visit.
The department reviewed Resident’s (R1) service records. Based on records review, the Admission Agreement indicates “Resident is required to pay a full amount of Non-refundable Board and Care fee upon admission”, and “A thirty days written notice of intent to vacate is required or will be charged a full month pay on the following month or until all belongings are removed from the facility”. Based on interviews conducted, S1 stated the facility is willing to refund a prorated amount based on the days R1 resided in the facility. Based on LPA’s follow-up telephone interview with S1 on 1/10/22, S1 stated a refund letter for R1 was generated and a copy will be provided to the department. LPA received and reviewed the refund letter which indicates the facility has refunded R1 a prorated amount of $4600.00 of which $1400.00 was charged for her seven days of stay at the facility. Based on the information gathered, there is insufficient evidence to corroborate the above allegation.
Based on the department’s observations, interviews and records review, the preponderance of evidence standard has not been met therefore the above allegation, “Facility staff refused to refund resident's unused rent payment” is found to be UNSUBSTANTIATED.
Exit interview conducted. A copy of this report was provided to Jeremy Nabres/Caregiver
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