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32 | The investigation revealed the following:
Allegation: Licensee did not maintain the liability insurance coverage requirements
It is being reported that this facility does not have the proper liability insurance that is required. On 4/7/26, LPA Felisa Shirley reviewed the Certificate of Liability Insurance provided for Bentley Suites. Per the certificate, the effective date of coverage is 08/26/2026 thru ending date of 8/26/2026. This certificate indicates the coverage of limits one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the total annual aggregate. However, this certificate states that this policy has sublimit in the categories of Bed Sore & Elopement, with 100,000 per occurrence and 300,000 being the maximum. A copy of the full Professional and General Liability Insurance Policy for Residential Care Facility was requested and received by the department on 3/30/2026. Per the full policy, one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the total annual aggregate are covered, but there is a 10,000 deductible as well as sublimit of $100,000 per claim and 300,00 per yearly occurrence in the categories of Physical and Sexual Abuse, Elopement, Bedsores, Fall Hazards and an added Medical Payment Sublimit of $5,000 per claim, meaning this policy does not provide the required coverage of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the total annual aggregate for this facility.
LPA interviewed staff 1 and staff 2 (S-1 and S-2). Of those interviewed 2 out of 2 denied the allegation.
Based on interviews and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 6, and Chapter 8 are being cited on the attached LIC9099-D.
A deficiency is being issued and an exit interview is conducted with Muriel Cabacungan, Assistant Administrator. A copy of this report and appeal rights were provided. |