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32 | The investigation revealed the following:
For the allegation: “Staff did not refund deposit.” It was alleged that a prospective resident paid a deposit to the facility to reserve a placement. The prospective resident reportedly notified facility staff on 03/05/26 that they no longer wished to move into the facility and requested a refund of the deposit. It was further alleged that, after not receiving the refund, the prospective resident followed up with the facility on 04/06/26 regarding the status of the refund. On 04/23/26, the department conducted interviews with S1-S2. Of those interviewed, 2 out of 2 staff denied the allegation. Interviews with S1 and S2 revealed that PR1 changed their decision about moving into the facility multiple times. S1 and S2 stated that PR1 made the final decision not to move into the facility on 04/06/26. According to S1 and S2, the facility initiated the refund process on that date and informed PR1 that the deposit would be refunded within 30 days. S1 further stated that PR1 received the refund by check on 04/24/26.
On 04/23/26, the department conducted an interview with PR1, who stated that there was considerable back and forth between them and the facility regarding their decision to move in. PR1 acknowledged that they were unsure of the exact dates but believed they informed the facility on 03/05/26 that they no longer wished to move into the facility and requested a refund of their deposit. PR1 stated that they simply wanted their deposit returned. On 07/01/26, the Department attempted to conduct a follow-up interview with PR1 by telephone; however, PR1 was unavailable.
On 07/01/26, the department reviewed the facility's Admission Agreement. On page 16, under Section D. Refund Policy, subsection 2. Refund of Unused Portion of Monthly Fee, the agreement states: "You or your estate will receive any refund that is due within thirty (30) days following the effective termination date."
The Department also reviewed the Community Fee Receipt, dated 01/29/26, which documented that PR1 paid a $20,000.00 deposit to secure placement at the facility. The receipt further states that the deposit is fully refundable.
Additionally, the Department reviewed the Resident Summary Ledger, which documented that the facility received PR1's $20,000.00 deposit via check #102 on 01/30/26. The ledger further documented that a refund in the amount of $20,000.00 was issued to PR1 on 04/24/26 via check #125. |