374603339-4-29-2022-08-AS-DPOL-CFVNDW-20220630102301

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374603339
Report Date: 04/29/2022
Date Signed: 04/29/2022 12:45:32 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/29/2021 and conducted by Evaluator Esther Miller

PUBLIC

COMPLAINT CONTROL NUMBER: 08-AS-20211229130340

FACILITY NAME:	MERIDIAN AT LAKE SAN MARCOS, THE		FACILITY NUMBER:	374603339
ADMINISTRATOR:	QUIGLEY, KEVIN		FACILITY TYPE:	740
ADDRESS:	1177 SAN MARINO DR BLDG 1 & 2		TELEPHONE:	(760) 510-7500
CITY:	SAN MARCOS	STATE: CA	ZIP CODE:	92078
CAPACITY:	170	CENSUS: 144	DATE:	04/29/2022
		UNANNOUNCED	TIME BEGAN:	10:19 AM
MET WITH:	David Alspach, Executive Director		TIME COMPLETED:	11:31 AM

ALLEGATION(S):

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Facility failed to issue refund in a timely manner.

INVESTIGATION FINDINGS:

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Licensing Program Manager (LPM) Denise Powell and Licensing Program Analyst (LPA) Esther Miller
conducted an unannounced complaint investigation visit to the facility in order to deliver findings on the
above allegation. LPM and LPA were granted entry to the facility by David Alspach, Executive Director, after identifying themselves and explaining the reason for the visit.

On December 29, 2021, it was alleged that the facility took a month to refund a resident's prepaid rent after the resident passed away. The Department’s investigation consisted of review of facility and outside source records and interviews of facility staff and outside sources.

On November 30, 2021, Resident 1 (R1) passed away and the death was confirmed by outside source interviews and facility records. Outside source and staff interviews indicated that all personal items of R1 had been removed as of December 1, 2021. On December 7, 2021, staff interviews and outside source records revealed that staff submitted a request for refund to the facility’s corporate.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) 301-9770
LICENSING EVALUATOR NAME: Esther Miller	TELEPHONE: 619-672-5843
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2022

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

LIC9099 (FAS) - (06/04)

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Control Number 08-AS-20211229130340

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

FACILITY NAME: MERIDIAN AT LAKE SAN MARCOS, THE	FACILITY NUMBER: 374603339
	VISIT DATE: 04/29/2022

NARRATIVE

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Upon death, R1’s Admissions Agreement included an agreement to issue a refund of any fees paid in advance within fifteen days after personal property is removed from the apartment to resident’s estate, or other person or entity responsible for payment of fees. Staff interview statements confirmed the facility’s procedures concerning issuance of refunds, which include facility staff verifying that all resident’s personal belongings had been removed from the apartment. Staff also ensured that there were no pending fees before the refund can be requested to corporate, which staff stated can take anywhere from one to seven days. Investigation determined that after staff requests a refund for R1 from corporate, it took three weeks before the refund was mailed. FedEx tracking information and staff interview corroborated that the refund for R1 was not mailed until December 23, 2021, which is 22 days from the date that all personal belongings of R1 were removed from their apartment.

Staff reported that, as of a few months ago, refunds were taking 30 to 60 days to be mailed and recently, refunds are taking two to three weeks to be mailed. LPA obtained a copy of a facility record titled "Resident Refunds” which noted “All refunds have a 30-45 day processing time”. The document contained a list of 17 residents that had recently vacated their apartments. The list showed the date that staff submitted a request for refund from corporate and the date the refund was mailed by corporate. Only 5 of the 17 residents were issued refunds within 15 days of the refund request. It is unknown when resident’s personal belongings were removed from their apartment.

Based on the evidence obtained during the complaint investigation, the allegation that the licensee did not issue a refund in accordance to their admission agreement is found to be SUBSTANTIATED, as there is a preponderance of evidence to show that the allegation occurred. Pursuant to the California Health and Safety Code, Division 2, Article 6, deficiency is being cited on the attached LIC9099D and a plan of correction was jointly developed with Executive Director.

An exit interview was conducted with Executive Director; plan of correction, a copy of this report, and Licensee's Rights (LIC9058) were emailed to Executive Director due to technical difficulties.

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) 301-9770
LICENSING EVALUATOR NAME: Esther Miller	TELEPHONE: 619-672-5843
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 08-AS-20211229130340

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

FACILITY NAME: MERIDIAN AT LAKE SAN MARCOS, THE	FACILITY NUMBER: 374603339
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/30/2022 Section Cited CCR 87507(f)	1 2 3 4 5 6 7	ADMISSIONS AGREEMENT: 87507(f): The licensee shall comply with all applicable terms and conditions set forth in the admission agreement, including all modifications and attachments. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Executive Director (ED) will call the Regional Director of Operations to contact corporate to approve refunds quickly. Staff will check in frequently with headquarters to inquire on refunds and to request approval quickly. ED will provide a log of recent refunds to show improvement.
	8 9 10 11 12 13 14	Based on interviews and record reviews, the licensee did not issue a refund within 15 days in nine of one hundred forty-one residents which posed a potential 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: Denise Powell	TELEPHONE: (619) 301-9770
LICENSING EVALUATOR NAME: Esther Miller	TELEPHONE: 619-672-5843
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2022

LIC9099 (FAS) - (06/04)

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