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13 | Licensing Program Analyst (LPA) Arlene Garcia made an unannounced visit to Brookedalle Tracy to deliver the finding of the above allegations. LPAs met with Executive Director (ED) Sara Mackedsky.
It was alleged that the facility increased the rate without proper notice.
Records indicate the facility provided the required 60 day notice by issuing the notice on October 21, 2021 effective January 1, 2022. However, the reason that was provided for the increase as stated on the notification as, “this past year has resulted in unprecedented costs and expenses, most of which relate directly and indirectly to our response to the COVID-19 pandemic”. The Department finds the reasons do not meet the requirements as outlined in the regulations.
It was alleged that the facility failed to respond to Resident Council written requests.
Based on records reviewed and interviews conducted, the resident council submitted written concerns or recommendations on multiple occasions. The facility responded verbally to discuss in meetings but facility did not respond in writing regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days.
Therefore, the allegation that the facility failed to respond to Resident Council written requests. is substantiated.
Based on information provided through interviews and records reviewed, these allegations are deemed SUBSTANTIATED. This agency has investigated the allegations noted and have found the allegations to be substantiated, meaning that there was a preponderance of evidence to prove the allegation occurred as reported.
The following deficiencies was observed (see LIC 9099-D) and cited from the California Code of Regulations, Title 22. Failure to correct the deficiencies may result in civil penalties. Appeal rights were provided. Exit interview conducted with ED, Sara Mackedsky.and a copy of this report was provided.
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| Substantiated | Estimated Days of Completion: |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Deficiency Dismissed
Type B
12/11/2021
Section Cited
HSC
1569.1579(c) | 1
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7 | 1569.1579 (c) Resident-oriented facility council If a resident council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days. | 1
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7 | Licensee will review past resident council submitted written concerns or recommendations and provide a written response by POC date. Facility will email a copy of those responses to LPA. |
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14 | This requirement is not met as evidenced by: the licensee did not respond in writing to council’s within 14 days
Based on information provided during interviews, administration responded verbally to discuss the concerns but did not provide a written response regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days
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Type B
12/27/2021
Section Cited
HSC
1569.655(a) | 1
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7 | Increase in fee rates for elderly residents; 60 days’ written notice stating amount of and reasons for increase; application of section (a) If a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of its rate structures for services, the licensee shall provide no less than 60 days' prior written notice to the residents or the residents' representatives setting forth the amount of the increase, the reason for the increase, and a general description of the additional costs, except for an increase in the rate due to a change in the level of care of the resident. This subdivision shall not apply to optional services that are provided by individuals, professionals, or organizations under a separate fee-for-service arrangement with residents.
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7 | AD will submit a copy of the new letter that will be provided to the residents with a "description of the additional costs" and the date the revised notice will be sent to the residents by POC date. |
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14 | This regulation was not met as evidence by based on records reviewed, the reason that was provided for the increase as stated on the notification as, “this past year has resulted in unprecedented costs and expenses, most of which relate directly and indirectly to our response to the COVID-19 pandemic”. The licensee did not ensure there was a "description of the additional costs". | 8
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