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32 | Regarding Allegation #2: Facility staff illegally evicted resident from the facility.
This complaint alleged facility illegally evicted resident from the facility. LPA Calderon conducted an interview with A1. A1 expressed that no staff were offered a discount for using any specific hospice company. A1 expressed that R1 did not advised that if R1 did not use the facility hospice company that R1 family would have to return any money. A1 said that no staff told R1 family to move or gave written notice of eviction. A1 expressed that R1 moved out of the facility for unknown reason and no 30 day of eviction notice was given to R1 family after R1 moved. LPA Calderon conducted an interview with S1 who expressed that R1 family was happy with services provided by staff and hospice staff. S1 expressed that at no time did any staff offer any discount for rent if R1 family used hospice company that they work with. S1 expressed that at no time did any staff tell or suggest that R1 family would have to pay more money for services for changing hospice companies. S1 expressed that no 30 day or 60-day eviction notice was given to R1 family. S1 expressed that the R1 family moved R1 out of the facility (01/10/2022) with no additional monies owed. LPA Calderon conducted an interview with S3. S3 expressed that S3 was surprised that R1 family moved R1 out of the facility as S3 expressed that R1 family told S3 that R1 family was very happy with the care given to R1 by facility staff. S3 expressed to have no knowledge of any discounts offered/suggested or given to R1 family for rent. On 02/15/2023 LPA Calderon attempted to interview R2-R4. 4 out of 4 residents could not answer questions due to health conditions. On 02/15/2023 LPA Calderon reviewed facility paperwork for R1. Admission agreement (dated 12/06/2022) did not note any discount for using any specific hospice company and does not suggest any penalties for not using any specific hospice company. LPA Calderon noted no eviction notice was found or provided by R1 family for lack of payment or late payment. On 02/15/2023 LPA Calderon did not receive any notice from R1 family to suggest any eviction notice was given or suggested to R1 family for additional payment for services. LPA Calderon requested copy of eviction notice, proof of payment to facility from W1 on 3/22, 3/39, 4/11 and 5/25/2023 with no response.
Based on interviews, observations, and supporting documentation, the preponderance of evidence standard has not been met; therefore, the allegations of “facility staff did not allow resident to choose health care provider” “facility staff illegally evicted resident from the facility” is found to be UNSUBSTANTIATED.
An exit interview was conducted and copy of the Complaint Report was provided to the Administrator Natalya Trakhtenberg (A1).
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