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32 | The complainant alleged that the Operating Income line item was inflated by including non-operating revenues, thereby violating H&SC section 1793.21(t).
At the time of review, California Department of Social Services (CDSS) financial analyst, Jennifer Houston, contacted CDLC CEO Dave Johnson to understand how the Disclosure Statement figures were prepared. Mr. Johnson provided a reconciliation of the relevant line items used to calculate Operating Income. According to CDLC, the Operating Income figure included the following items from the Fiscal Year Ending (FYE) 2023 Audited Financial Statements:
· Resident Revenue (excluding entrance fee amortization)
· Investment and Dividend Income
· Realized Gains from Investments
· Gains and Support
Upon review, these figures reconciled with the audited financial statements. One discrepancy was noted: CDLC reported $176,000 in contributions on the Disclosure Statement, compared to $340,000 reported in the audited financials.
It is important to note that while the term “Operating Income” is not explicitly defined in the Continuing Care statutes, or under frameworks like Generally Accepted Accounting Principles (GAAP) or IRS guidelines, it is commonly understood to reflect income from core operational activities, typically excluding non-operating items such as investment gains and interest income. However, there is no statutory or regulatory provision that explicitly prohibits the inclusion of such items in the Disclosure Statement calculation.
The FYE 2023 Audited Financial Statements and the reconciliations provided by CDLC align with the financial figures included in the Disclosure Statement. CDLC’s Consolidated Statement of Activities separates Revenue and Support from Other Support, and these figures correspond to those used in the Disclosure Statement.
(Report Continued on LIC 9099C...)
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