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32 | Allegation: "Facility did not issue a refund to authorized representative." Based on interviews conducted and document review the findings indicate the facility failed to issue a issue a prorated refund of the rent paid for the month of January 2021, within 15 days after the personal property was removed. Resident (R1) died on January 26, 2021, and resident's authorized representative notified the facility the same day. On January 27, 2021 authorized representative emailed the facility an inventory list of R1's personal belongings. Authorized representative was not contacted by staff to schedule a pick-up date of belongings removal. Authorized representative called the facility to follow-up. February 8, 2021 was established as the removal/pick-up of R1's personal belongings; belongings were removed that date.
According to Administrator/staff (S1) authorized representative was issued a check "sometime early February 2021" that was sent via mail, but was never received by authorized representative. Facility did not mail the 1st issued check via certified mail. On March 10, 2021, authorized representative contacted the facility about non-receipt of refund check, and was told that another check would be re-issued an be ready for pick-up on March 11, 2021. On March 13, 2021, authorized representative went to pick-up the refund check, but was informed by staff (S3 & S4) that they did not have the refund check; and was instructed to return to the facility on a weekday. Staff (S1) stated staff (S2) was given instructions about refund check pick-up. However, refund check was received by facility staff until March 18, 2021. Then on March 18, 2021, Administrator gave instructions to staff (S5) to give authorized representative the refund check. Staff (S5) stated authorized representative did not pick-up the refund check on that date. Per interviews conducted, authorized representative was not notified by any staff that the check was ready to be picked up. As of today's date, the refund check in the amount of $208.90 has not been issued to authorized representative.
According to Title 22, Division 6, Health and Safety Code, Chapter 3.2 Residential Care Facilities for the Elderly, Article 06. Other Provisions: §1569.652 Termination of admission agreement upon death of resident; removal of resident’s property; refund of fees paid; notice of contract termination and refunds. A refund of any fees paid in advance covering the time after the resident’s personal property has been removed from the facility shall be issued to the individual, individuals, or entity contractually responsible for the fees or, if the deceased resident paid the fees, to the resident’s estate, within 15 days after the personal property is removed.
Based on interviews and information obtained the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Deficiency is being cited according to California Code of Regulations, Title 22, Division 6, Health and Safety Code, Chapter 3.2, Article 06. See LIC 9099D.
****A telephonic exit interview was conducted with Administrator Susana Fuentes. A hard copy of the report was emailed. Staff was instructed to sign the LIC 9099 reports and return to LPA. |