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32 | The records reviewed included the April 22, 2022, email initiating the refund process, copies of the Resident Refund Form dated April 22, 2022, and a second one dated May 18, 2022, and copy of an email dated June 1, 2022, sent to S2 confirming completion of the refund request. The refund amount of $2411.18 was made payable to R1's family member and mailed on May 31, 2022. R1's family member confirmed the refund was received on June 3, 2022, but it did not include a written explanation of the breakdown of charges and credits. Email communication between S1 and R1's family member dated August 16, 2022, indicated R1’s family was still owed an additional $1500 as the original refund amount was not accurately calculated as verified by S1. S1 proceeded to submit an additional refund request for the balance still owed to R1’s family. Review of the facility’s Admission Agreement page 19 revealed, “Within fifteen (15) days after your personal property is removed from your apartment, your estate, or other person or entity responsible for payment of fees under this Agreement, will receive a refund of any fees paid in advance covering the period after your personal property has been removed.” The facility violated its own Admission Agreement by failing to issue a refund in a timely manner.
Regarding the allegation: staff did not report incident to appropriate parties, the Department’s investigation revealed the following. Records reviewed included email communication between facility staff and R1’s family member, Internal Incident Reports dated April 10, 2022, and one dated April 11, 2022, screenshots of text communication between S5 and R1’s family member regarding R1’s fall, and phone records documenting communication between the facility and R1’s family member. The facility provided a copy of their Internal Incident Report completed by S5 and dated April 10, 2022. The report documented that R1 stated they fell and landed on their bottom with no head injury or redness noted. Upon entering R1’s room S5 took a picture documenting R1’s position. S5 indicated they proceeded to contact the R1's family member via text and included the picture of R1 on the floor. The Internal Incident Report further documented R1’s physician had been notified of R1’s fall via FAX at 9:00 PM on April 10, 2022, but R1’s physician refutes this fact and asserted they did not receive any notification. Both S1 and S5 could not provide written documentation confirming R1’s physician had been notified of this incident. S1 and Staff 4 (S4) confirmed the facility did not submit a written Incident Report regarding R1’s fall to Licensing as required. S1 and S4 also confirmed the facility did not submit a written Death Report to Licensing because S4 stated they did not know it was required because R1 passed away at the hospital. LPA Velazquez proceeded to request a Death Report and S4 emailed a copy of the Death Report to LPA on June 3, 2022, with a submission date of April 15, 2022, documented which was inaccurate. LPA then requested a corrected Death Report be submitted reflecting the actual submission date of June 3, 2022.
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