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32 | LPA received proof of payment from R1's authorized representative confirming that R1's rent was paid in full from admission date of October 30, 2025, to February 28, 2026. Interview conducted with Licensee on March 24, 2026 indicated that they were not aware whether or not a refund was issued to R1's authorized representative following their passing. Licensee was to provide any information regarding whether refund was issued to R1's authorized representative. As of the April 9, 2026, LPA has not received any information from Licensee regarding refunds issued to R1's authorized representative.
LPA reviewed R1's Admission Agreement signed by R1's authorized representative with an admission date of October 30, 2025, which states "Fees paid in advance will be refunded within 30 days. The total monthly rate set forth in the admission agreement will be prorated on a daily basis upon the resident's admission to, or permanent departure from, the facility during the month. All refunds shall be issued within 30 days...Advance notice to terminate this agreement upon the death of a resident is not required and fees cannot accrue once all personal property belonging to a deceased resident has been removed from the facility. Any agreement to leave personal property must be approved by Administrator (not by caregiving staff)." Per Health and Safety Code §1569.652(c), “A refund of any fees paid in advance covering the time after the resident’s personal property has been removed from the facility shall be issued to the individual, individuals, or entity contractually responsible for the fees or, if the deceased resident paid the fees, to the resident’s estate, within 15 days after the personal property is removed.” Per Title 22, Division 6, Chapter 8, Section 87505(h)(4), “The admission agreement shall not contain the following: Any provision that violates the rights of any residents including but not limited to those specified in Section 87468 and in Health and Safety Code section 1569 et seq.” Interviews conducted with relevant party, house manager, and staff member (S1) indicated that R1's authorized representative removed R1's personal property from the care home on January 29, 2026.
Based on interviews conducted and records reviewed, the preponderance of evidence standards have been met. Therefore, the above allegation is found to be SUBSTANTIATED. Per Health and Safety Code, a deficiency is being cited on the attached 9099-D page.
Exit interview was conducted. A copy of this report and appeal rights were provided. Signature on these forms acknowledges receipt of these documents. |