331800103-10-7-2021-18-AS-DMUN-C9CT55-20211203132455

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 331800103
Report Date: 10/07/2021
Date Signed: 10/07/2021 01:57:24 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/11/2021 and conducted by Evaluator Tricia Danielson

PUBLIC

COMPLAINT CONTROL NUMBER: 18-AS-20210311103931

FACILITY NAME:	LEGEND GARDENS		FACILITY NUMBER:	331800103
ADMINISTRATOR:	PENDING		FACILITY TYPE:	740
ADDRESS:	73685 CATALINA WAY		TELEPHONE:	(760) 773-3115
CITY:	PALM DESERT	STATE: CA	ZIP CODE:	92260
CAPACITY:	96	CENSUS: 29	DATE:	10/07/2021
		UNANNOUNCED	TIME BEGAN:	12:35 PM
MET WITH:	Carrie MacDonald, Community Relations Director		TIME COMPLETED:	01:15 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility is experiencing financial difficulties.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Tricia Danielson arrived to the facility unannounce to conclude a complaint investigation into the allegation listed above. LPA met with Community Resourses Director (CRD) Carrie MacDonald who is acting as the facility's Administrator due to the absence of an official Administrator.
Regarding the allegation "facility is experiencing financial difficulties", it was alleged that the licensee had received a notice of default letter of the facility's mortgage and that the facility's utility bills are seven (7) to nine (9) months behind on payment. Community Care Licensing (CCL) conducted a financial audit of the licensee's financial plan to determine if there are sufficient resources to meet operating expenses for care and supervision of residents and to also determine if the licensee is in good financial position, and that they generate sufficient income to cover the operating expenses and meet short term obligations/liabilities. CCL's audit determined based on limited documents provided by the licensee, the licensee does not have a financial plan to assure sufficient income has been generated to meet the operating expenses. Bank statements provided by the licensee showed recurring non-sufficient funds, negative and low balances indicating the licensee doesn’t generate sufficient income to cover its operating expenses and failed to have sufficient cash reserve.
(CONTINUED ON LIC 9099C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Reyna Lacey	TELEPHONE: (951) 836-3135
LICENSING EVALUATOR NAME: Tricia Danielson	TELEPHONE: (951) 565-7254
LICENSING EVALUATOR SIGNATURE:	DATE: 10/07/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2021

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

LIC9099 (FAS) - (06/04)

Page: 1 of 3

Control Number 18-AS-20210311103931

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: LEGEND GARDENS	FACILITY NUMBER: 331800103
	VISIT DATE: 10/07/2021

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

(CONTINUED FROM LIC 9099)
Southern California Edison statements provided by the licensee to the auditor indicated recurring past due notifications, large unpaid previous balances on multiple statements for electricity. Also, past due balances were observed for phone services in the months of October and December 2020 which were the only phone bills provided by the licensee to the auditor. During a facility visit on September 8, 2021, LPA observed the facility's trash dumpster to be overflowing and surrounded by several additional bags of trash. Interview with facility staff revealed the facility's trash service had been discontinued on August 27, 2021 for non payment. It was also discovered during the September 8, 2021 visit that the facility had received a notice of discontinuance of water services for non-payment on August 8, 2021 if not paid within ten (10) days. Interview with facility staff determined water service had not been discontinued.
Based on LPA's observations, interviews which were conducted, and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code Of Regulations, Title 22, Division 6, Chapter 8 is being cited on the attached LIC 9099 D.
An exit interview was conducted with CRD MacDonald and a copy of this report was provided along with Appeal Rights. CCL will send a certified copy along with emailed copies of this report, LIC809D, and Appeal Rights to licensee as well.

SUPERVISOR'S NAME: Reyna Lacey	TELEPHONE: (951) 836-3135
LICENSING EVALUATOR NAME: Tricia Danielson	TELEPHONE: (951) 565-7254
LICENSING EVALUATOR SIGNATURE:	DATE: 10/07/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 18-AS-20210311103931

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: LEGEND GARDENS	FACILITY NUMBER: 331800103
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/07/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/18/2021 Section Cited CCR 87213	1 2 3 4 5 6 7	Finances- The licensee shall have a financial plan...that assures sufficient resources to meet operating costs for care of residents; shall maintain adequate financial records; and...submit such financial reports...upon the written request of the licensing agency. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Due to the lack of an Administrator and Licensee's participation, LPA and CRD developed the POC. The Licensee will submit a financial plan that assures coverage of operating costs for care of residents and a plan to maintain adequate financial records. CRD has agreed to notify Licensee of this POC.
	8 9 10 11 12 13 14	Based on LPA observations, record review, and interviews which were conducted, the licensee did not maintain an adequate financial plan nor were sufficient financial records provided to CCL as requested. Licensee was served a notice of mortgage default and carries past due balances on utiliites. This poses a potential health, safety and personal rights risk to residents in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Reyna Lacey	TELEPHONE: (951) 836-3135
LICENSING EVALUATOR NAME: Tricia Danielson	TELEPHONE: (951) 565-7254
LICENSING EVALUATOR SIGNATURE:	DATE: 10/07/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 3