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32 | Investigation revealed the following: Regarding allegation, Facility failed to provide refund, it is alleged that the facility is closing at the end of October 2023 and that it was reported that the facility has failed to provide a refund for unused days to some clients. As of 10/19/23, four clients were relocated. Interview with Administrator Durham revealed that the facility is closing at the end of the month. He stated that he informed all clients and their responsible parties (if any) on September 19, 2023 of the facility closure. He stated that on as of 10/16/23, four clients had been relocated with the assistance of VA Community Residential Care Placement Coordinator. He stated that he was in communication with C5's Conservator, who had requested a partial refund for C5's rent on 10/19/23 via text. Administrator Durham stated that he will refund any owed monies to any client that is owed money and that at the moment he had not issued any refunds to any client that had left or to their responsible parties. He stated that at the moment his focus is ensuring that all clients are properly placed as the facility is due to close on 10/27/23 and once he has placed all clients he will refund anything prorated amounts that are owed to any client. C5 was not interviewed as they are no longer a client of the facility. LPA attempted phone calls to W1-2. LPA reviewed client's admission agreements which did not indicate if the total monthly rate set forth on the admission agreement would or would not be prorated on a daily basis upon the client's admission to or permanent departure from the facility during the month.
Based on interviews conducted with facility staff and LPA review of records, the preponderance of evidence standard has been met, therefore the above stated allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 6 and Chapter 1 are being cited on the attached LIC 9099D.
Exit interview held. A copy of the report and appeal rights were provided to Administrator Edmond Durham.
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