306004192-6-21-2022-22-AS-MVAO-CHUV2A-20220901160248

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 306004192
Report Date: 06/21/2022
Date Signed: 06/21/2022 02:24:54 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/27/2020 and conducted by Evaluator Sean Haddad

PUBLIC

COMPLAINT CONTROL NUMBER: 22-AS-20201027115455

FACILITY NAME:	WHITTEN HEIGHTS ASSISTED LIVING AND MEMORY CARE		FACILITY NUMBER:	306004192
ADMINISTRATOR:	CHIN SHUN LEE LIAU		FACILITY TYPE:	740
ADDRESS:	200 WEST WHITTIER BLVD.		TELEPHONE:	(562) 691-1200
CITY:	LA HABRA	STATE: CA	ZIP CODE:	90631
CAPACITY:	196	CENSUS: 92	DATE:	06/21/2022
		UNANNOUNCED	TIME BEGAN:	01:46 PM
MET WITH:	Carol Lee, Faye Shen		TIME COMPLETED:	02:15 PM

ALLEGATION(S):

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Facility staff member withdrew money from resident's account without authorization

INVESTIGATION FINDINGS:

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This unannounced inspection is being conducted by Licensing Program Analyst (LPA) Sean Haddad for the purpose of delivering findings for the investigation into the above identified complaint allegation. LPA met with Administrator (AD) Carol Lee and explained the reason for today’s inspection.
The investigation into the allegation of Facility staff member withdrew money from resident's account without authorization revealed the following: During the course of the investigation, LPA inspected the facility via tele-visit on 11/2/20 and 11/10/20, interviewed Witness #1 (W1), Resident #1 (R1), and Staff #1 (S1), and obtained and reviewed records including admission agreement, emails between witnesses, bank records, and accounting and financial records.
On 11/2/20, LPA interviewed W1, confirmed allegations, and requested documents. On 11/10/20, LPA interviewed R1 who stated their rent at the facility is handled by the administrator, W1, and Witness #2 (W2). R1 also stated they did not give the facility authorization to charge their bank account and R1 is not receiving any cash for personal and incidental needs (PNI).

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Armando J Lucero	TELEPHONE: (714) 703-2840
LICENSING EVALUATOR NAME: Sean Haddad	TELEPHONE: (714) 335-7094
LICENSING EVALUATOR SIGNATURE:	DATE: 06/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/21/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 22-AS-20201027115455

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: WHITTEN HEIGHTS ASSISTED LIVING AND MEMORY CARE	FACILITY NUMBER: 306004192
	VISIT DATE: 06/21/2022

NARRATIVE

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On 11/10/20 and 12/8/20, LPA interviewed S1 who stated R1's rent is $2,200/month and R1 receives a subsidy, coordinated by W2, from the Los Angeles Department of Housing Services in the amount of $1,130.63/month. This means R1's portion of the rent should be $1,069.37/month. S1 further stated that R1 was not able to pay $1,069.37/month, was short approximately $249.37/month, and could only pay $809/month, so W2 arranged an additional subsidy that would cover the $249.37/month shortfall and provide additional funds to cover R1's PNI money. S1 stated that R1 was charged $809/month and the facility obtained a credit card authorization in this amount, with the remainder of the rent to be paid from the additional subsidy. Financial records and a credit card authorization in the amount of $809/month corroborate this statement. However, S1 stated that W2 did not timely pay the facility the additional subsidy, so R1 began to accrue back-owed rent based on the $249.37/month shortfall and the facility was not able to provide R1 with PNI money. S1 stated that during this time, S1 and W2 were working to solve the issue and emails reviewed corroborate this statement. However, on 6/1/20 and 7/1/20, while the facility was waiting for W2 to pay the back-owed rent to the facility, S1 stated the facility charged the back-owed rent to R1 and began charging R1 $1,069.37/month, with the intention of refunding R1 all amounts over $809/month once the additional subsidy amounts were received from W2. However, S1 stated the facility did not obtain credit card authorizations for these charges and the documents produced by the facility did not include credit card authorizations for these charges, meaning the facility withdrew money from R1's account without authorization.

During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative.

SUPERVISOR'S NAME: Armando J Lucero	TELEPHONE: (714) 703-2840
LICENSING EVALUATOR NAME: Sean Haddad	TELEPHONE: (714) 335-7094
LICENSING EVALUATOR SIGNATURE:	DATE: 06/21/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/21/2022

LIC9099 (FAS) - (06/04)

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Control Number 22-AS-20201027115455

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: WHITTEN HEIGHTS ASSISTED LIVING AND MEMORY CARE	FACILITY NUMBER: 306004192
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/21/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 06/22/2022 Section Cited CCR 87468.2(a)(26)	1 2 3 4 5 6 7	87468.2 Additional Personal Rights of Residents in Privately Operated Facilities (a) ... residents ... shall have all of the following personal rights: (26) To manage their financial affairs... This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The licensee stated that W2 reimbursed R1 for the back owed rent, an agreement was reached with W2 regarding the amount R1 would pay going forward, and the licensee obtained a credit card authorization in this amount. Licensee agreed to submit proof to LPA by POC due date.
	8 9 10 11 12 13 14	Based on interviews and documents, the licensee did not ensure R1 was able to manage their financial affairs by withdrawing money from R1's bank account without authorization, which poses an immediate personal rights risk to persons in care.	8 9 10 11 12 13 14	Licensee stated they understand not to charge residents without a credit card authorization in the future.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Armando J Lucero	TELEPHONE: (714) 703-2840
LICENSING EVALUATOR NAME: Sean Haddad	TELEPHONE: (714) 335-7094
LICENSING EVALUATOR SIGNATURE:	DATE: 06/21/2022

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/21/2022

LIC9099 (FAS) - (06/04)

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