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32 | ***This report serves as an amendment and supersedes the original complaint investigation report created on 10/25/24. The finding remained as substantiated. ***
In regard of the allegation of wrongful eviction, it was alleged that the facility issued an eviction notice to a resident due to rent non-payments. The facility charged that resident with private room rate instead of Assisted Living Waiver (ALW) program rate for the month of October even though resident was admitted to ALW program since Sept 2024.
Per residents’ interviews, all six (6) residents could not corroborate the allegation. It revealed residents were not aware of any evictions taking place at the facility or any missing ALW payments on paying their rents. All three (3) staff interviewed denied the allegation. Staff interviews revealed that, a few weeks ago, staff attempted to file claims to get ALW program to pay for the resident’s non-payment of rents for August 2024 through October 2024. However, the ALW program denied all claims for monthly rent due to the change of resident's insurance because the resident’s insurance company was not approved by ALW program. Per LPA’s review of resident records and staff interviews, staff reported resident’s non-payment of monthly rents from August 2024 through October 2024 was based on the facility’s private room rates and not on the ALW program’s monthly rates. Per the resident’s admission agreement dated 09/01/23, the facility admitted the resident to the facility and charged the ALW program rate. The ALW program admission’s letter indicates the resident was admitted to ALW program effective on 09/01/23. Per the resident’s admission agreement, it stated the resident’s rent rate was based on the ALW program rate. However, the facility changed the monthly rate to private pay rate and charged the resident at the private room rate from August to October 2024 which were the said nonpayment. As a result, the facility wrongfully issued an eviction notice to the resident for nonpayment at the private pay rate for August, September, and October 2024. Additionally, on November 18, 2024, LPA Tao provided the facility with a copy of the notice dated 10/09/23, from the ALW program regarding the resident being admitted to the ALW Program on 09/01/23.
Based on LPA's observations, record reviews and interviews conducted the preponderance of evidence standard has been met, therefore the above allegation is found SUBSTANTIATED. Deficiencies are being cited according to California Code of Regulations, Title 22, Division 6, Chapter 8 on LIC 9099D.
An exit interview was conducted with administrator. A hard copy of this reports and appeal right were provided. |