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32 | According to complainant, the facility had given an immediate rate increase of $1650.00 per month. R1's responsible party (RP) was not given a 60-day notice of rate increase. R1's level of care and care needs had not increased.
The Department requested for written 60-day notice of rate increase from the facility for reivew. According to the rate increase letter, "as of February 1, 2023, your monthly rent will increase to $5000. These changes will be reflected in your advanced billing statement for the month of February 2023. Given the extraordinary increase in labor and other costs – which are directly tied to care and service – we will be implementing increases in level of care and certain ancillary charges."
The Department reviewed R1's admission agreement. R1's admission agreement indicates, "we shall give sixty (60) days' prior written notice to you of any change in the monthly fee, fees for level of care, or in the charges for additional items and services. However, as described in Section VLF, if you begin receiving a different level of care, the rate for the new level of care shall be charged immediately. We will give you written notice of a l eel of care rate increase within 2 business days after providing serves at the new level of care. In the event of a rate increase, we will include with the notice of the increase the reasons for the increase and a general summary of the additional costs that led to the increase."
Interview statement received from ED indicated, the letter was mailed out to all residents responsible party by corporate the first week of November of 2022. LPA confirmed with ED that the address the letter was mailed out to was RP's address. ED stated the facility do not mail out letters certified. Interview statement received from Business Office Manager, Kimberly Craw, indicated rate increase notice was given to all residents in care. Assisting living residents rate increase was effective immediately. Memory care residents rate increase was not effective immediately. Rate increase for memory care was effective once their level of care assessment was done.
Based on the Department’s investigation as stated above, the preponderance of evidence standards has not been met. Therefore, the above allegations are found to be UNSUBSTANTIATED. A finding that a complaint allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.
Exit interview conducted and report provided. |