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32 | On 10/31/2022, R1 was admitted to Brookdale Sylvan Ranch. R1 became aggressive and punched others. On 01/04/2023, R1’s responsible party (RP), ED, and medical staff had a meeting. According to complainant, facility coerced R1 to put in a 30-day notice. On 01/30/2023, R1’s RP sent the facility an email requesting to stop the 30-day notice, but facility is now insisting that R1 be removed from the facility by 02/04/2023. R1’s RP had requested the facility to give R1 until 02/13/2023 to relocate to a different facility. Complainant’s concern is that R1’s RP did not receive a written documentation/notice regarding R1’s eviction and any placement assistance from the facility.
The Department received interview statement from the facility’s ED. ED stated R1’s RP had put in a 30-day notice and last day to move out of the facility is on Saturday, 02/04/2023. ED indicated R1’s RP did not agree on the type of care and had decided to take R1 off of behavior medication. On 02/04/2023, the Ombudsman was present at the facility and had a conversation with ED regarding R1 needing more time to relocate R1 to a different facility. R1’s family is asking for an additional 30 days due to R1's LIC 602 and new diagnosis. ED stated the facility is willing to give R1 more time to relocation until 02/10/2023. However, ED is concerned that R1 and RP may refuse to move out of the facility. LPA explained that R1 has the right to refuse and under no circumstances is the facility allowed to evict resident. The facility may submit a 30-day notice to the Department for approval/denial. The facility decided not to submit a 30-day notice and is working with R1’s RP. On 02/11/2023, R1 had moved out of the facility.
Due to the information above, CCL finds the allegations to be UNSUBSTANTIATED meaning 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 with Executive Director, copy of report was provided via email.
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