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The Physician’s report stated that R1 had a primary diagnosis of dementia, paranoia and schizoaffective disorder and a secondary diagnosis of hypothyroidism and chronic pain. Review of the physician’s report, preplacement appraisal information and the appraisal/needs and services plan revealed the need for assistance with activities of daily living (ADL) and monitoring at night. Interviews conducted revealed that nighttime care for R1 was understood, agreed upon and instituted. LPA reviewed the Admissions Agreement that was signed into agreement on November 12, 2019 and observed that on page 2, section 11, to state: “Live-in day workers require un-interrupted sleep and overtime pay; therefore, *Awake night duty, when needed, is coordinated with Granny’s Place, and is contracted separately by the family directly with separate caregivers. Granny’s Place may assist in finding attendants. The current rate is about $120.00 per night”. California Code of Regulations, Section 87705(c)(4)(A), states: “In addition to requirements specified in Section 87415, Night Supervision, a facility with fewer than 16 residents shall have at least one night staff person awake and on duty if any resident with dementia is determined through a pre-admission appraisal, reappraisal or observation to require awake night supervision.” It was documented that R1’s responsible party had made payments to the facility for the overnight care in the amounts of $1080.00 (check #4943) for November 2019 and $3720.00 (check #4947) for December 2019, as agreed upon in the signed, admission agreement, but ceased further payments due to belief that the nighttime care was considered a “basic service”. As per Health and Safety Code section 1569.312, basic services is defined as “…those services required to be provided by the facility in order to obtain and maintain a license and include, in such combinations as may meet the needs of the residents and be applicable to the type of facility to be operated, the following: safe and healthful living accommodations; personal assistance and care; observation and supervision; planned activities; food service; and arrangements for obtaining incidental medical and dental care.” It was determined that R1 was in need of nighttime care and was provided an awake caregiver for an extra fee as stated in the signed admission agreement.
This agency has investigated the complaint alleging that the facility charged resident for providing overnight care that was not part of the Admission Agreement. We have found that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.
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