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25 | LPA Hiratsuka observed during an investigation the licensee changed the dates of the annual rate increase from the anniversary date to the beginning of the year and did not have signed agreements from the residents stating that everyone is in agreement with the change of date for the annual fee.
Title 22 Regulation Admission Agreements 87057(d) The licensee shall retain in the resident's file the original signed and dated admission agreement and all subsequent signed and dated modifications. This does not apply to rate increases which have specific notification requirements as specified in Health and Safety Code section 1569.655.
The admission agreement for one of the residents that was signed in 2017 states "to cover annual operating, maintenance, insurance, and other cost increases, you can expect an annual increase in Basic Rent and the Services Rate on the 12 month anniversary date of this agreement."
The licensee did do the proper increase in annual fees by giving a 60 day notice as required, but did not get the signed modification date change for the increase itself.
Deficiencies cited from the California Code of Regulations, Title 22, Division 6 of California Regulation. Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties. Appeal rights were provided. |