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32 | Bassi said that R1 was moved back to memory care on October 1, but R1 could not return to their original room, D3, because another prospective client had already placed a deposit on the room. R1 was moved to room D7, according to Bassi.
LPA Moleski spoke with R1's responsible party over the phone, who declined to answer questions. In an interview, R1 said they had been recently moved, but that they preferred their original room to their new room and and that they did not know why they were moved.
LPA Moleski reviewed R1's and R2's files. LPA Moleski observed that R1 had only one admission agreement on file, dated April 30, 2024. The admission agreement specifies R1's room as room D3. The admission agreement states, in part, that "[R1] may live in [their] room on a month-to-month basis..." The admission agreement does include sections which clarify expectations in the event of room transfers, as well as termination conditions. Page 7 of R1's admission agreement states that "Ivy Park may need to substitute your apartment with another apartment ... for any ... reasonable purpose, as determined by the executive director of the community ... upon a thirty (30) day notice. A request by you for an apartment substitution will be granted in Ivy Park manager's discretion." 22 CCR Section 87507(c-d) requires all attachments or modifications made to admission agreements to be signed and dated. LPA Moleski requested all modifications to R1's admission agreement. Bassi provided LPA Moleski an apartment transfer form for R1, indicating that R1 was moved from room C2 to D7 as of October 1. The form was not signed by facility representatives, the resident, or the resident's responsible party. Page 8 of R1's admission agreement indicates that their contract may be terminated by the resident "at any time, with or without cause, by giving the executive director of the community ... thirty (30) days prior written notice of termination." Licensee-initiated termination of contract is outlined by 22 CCR Section 87224, which requires under most circumstances a 30-day notice. The termination conditions outlined in the admission agreement do not indicate that, by moving into a different room, R1's contract was automatically terminated. R1 was not required to have a new admission agreement signed for their stay in room C2 between Sept. 25 and Oct. 1. 22 CCR Section 87507(c) requires a new admission agreement seven days after admission, and R1 was in room C2 for only six days, according to Bassi. However, in lieu of any signed and dated modifications, formal termination with applicable written notice, or an entirely new signed and dated admission agreement for their new room, R1's contract remained in effect as originally agreed upon, meaning that R1 should have retained the right to return their original room, D3. [continued on 9099-C] |