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32 | residing in the facility. Resident #1's responsible party paid rent for the resident from 11/20/20-01/31/21 and did not receive a refund from 12/18/20-01/31/21. As of 01/06/21 the facility Administrator failed to refund resident #1's responsible party the money that was owed from 12/19/20-01/31/21. During the interview with licensee Crystal Li, she was advised that the facility is responsible for reimbursing the residents responsible party for the rent as the resident passed away on 12/18/20, all of their items were removed from the facility on the same day(12/18/20), and their rent was paid up to 01/31/21 as resident #1's family did not anticipate that the resident would expire prior to that date. Resident #1's responsible party learned the post dated check for resident #1's January 2021 rent was cashed early(12/08/20). As of 01/19/21 resident #1's responsible party informed the LPA that they have not received the full refund for resident #1's rent, informed the LPA that they received a partial refund for dates 12/19/20-12/31/20 and had to contacted the facility to request the remaining balance(refund) for the month of January 2021 and said the licensee had not been returning their phone calls. It was also reported that resident #1's responsible party had not received any communication/feedback until after they filed a complaint with Department of Social Services, Community Care Licensing Division. During the interview with Licensee Crystal Li she did not feel that the facility had to reimburse all of the funds for rent paid for resident #1 according to their agreement, and the LPA advised that the facility had to refund money to the responsible party for the rent paid to them as they cashed a check and received funds for rent up to 01/31/21 and resident #1 passed on 12/18/20. Licensee Crystal Li informed the LPA that a total of 3 checks were sent and the last check(#3) was mailed on 01/18/21.
Based on LPAs observations and interviews which were conducted record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be Substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 8 are being cited on the attached LIC 9099D. |