405850034-3-8-2022-29-AS-KBUY-CCEUWK-20220311145652

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 405850034
Report Date: 03/08/2022
Date Signed: 03/08/2022 01:42:32 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/07/2022 and conducted by Evaluator Darlene Chavez

COMPLAINT CONTROL NUMBER: 29-AS-20220307132751

FACILITY NAME:	AVILA SENIOR LIVING AT DOWNTOWN SLO		FACILITY NUMBER:	405850034
ADMINISTRATOR:	CASSONDRA BRADFORD		FACILITY TYPE:	740
ADDRESS:	475 MARSH ST		TELEPHONE:	(805) 541-4222
CITY:	SAN LUIS OBISPO	STATE: CA	ZIP CODE:	93401
CAPACITY:	100	CENSUS: 59	DATE:	03/08/2022
		UNANNOUNCED	TIME BEGAN:	10:03 AM
MET WITH:	Emily Villegas, Executive Director		TIME COMPLETED:	11:05 AM

ALLEGATION(S):

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Facility provided residents illegal rate increase

INVESTIGATION FINDINGS:

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On 3/08/2022 at 10:03 am, Licensing Program Analyst (LPA) Darlene Chavez conducted an unannounced 10-Day Complaint visit to the facility above. LPA met with Emily Villegas, Administrator and explained the purpose of the visit. To investigate the allegation “Facility provided residents illegal rate increase”, LPA interviewed credible witnesses and Administrator, and obtained documentation.

On 2/24/22 between 2:00 pm and 3:53 pm, LPA received a call stating residents were given rate increases in large and differing amounts, and the caller wanted to know if rate increases were permissible. Based on this call, on 03/01/22 at 4:15 pm, LPA spoke with Administrator about the letter. The Administrator stated the letter was sent out from corporate to all residents and that the increase was due to “increased operational costs.” LPA asked for copies of the agreement to review them.

Continued on 9099-C.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene Chavez	TELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:	DATE: 03/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022

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

LIC9099 (FAS) - (06/04)

Page: 1 of 3

Control Number 29-AS-20220307132751

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO	FACILITY NUMBER: 405850034
	VISIT DATE: 03/08/2022

NARRATIVE

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LPA reviewed a sample of thirty-one (31) letters dated 02/15/22 that were sent to residents about the increased care rates. The rate increase letters provide the residents at least sixty (60) days’ notice of the increase, as the increase was slated to take effect May 1, 2022. The letters indicate the facility is facing “staffing challenges and significant wage increases” and therefore is “updating the care rates to maintain” the resident’s “current assessed level of care.” The letters state the Currently Monthly Care rate residents pay, as well as the New Monthly Care rate with the increase. The residents also received differing increase amounts, with 26 of the 31 receiving a $500 monthly increase, 4 of the 31 receiving a $750 monthly increase, and 1 of the 31 receiving a $400 monthly increase.

The letter indicates they are increasing the rates for resident’s care, even though the letter also states the facility is maintaining the same level of care currently assessed. The letter states rates are being increased based on operational costs, and not on resident assessments and an increased level of care, although residents also received differing increase amounts. If the facility increases a resident’s care plan, the facility must provide evidence of a change in the level of care to support the increase. If the facility increases its base rate, it must provide that notice to all residents and representatives with a 60-day notice. If the facility increases the rate structures for services, it must provide the new rates for each item and provide that notice to all residents and representatives with a 60-day notice. Page 6 of the facility’s admission agreement also states they provide different personal care services packages to residents, and “may change the scope and pricing of these levels of assisted living services in our discretion upon sixty (60) days’ written notice to you.”

Because the facility increased the care rates with no proof a higher level of care was needed and did not increase the base rate or provide an updated list of pricing of assisted living levels, the allegation “Facility provided residents illegal rate increase” is deemed Substantiated. The letter dated 2/15/22 is considered invalid and the rate increase must be rescinded. The facility also violated Health and Safety Code 1569.655(a) previously and was cited on 7/01/2021. A $250 civil penalty is assessed for the repeat violation within 12 months.

Exit interview conducted, deficiency cited, and a copy of the report and Appeal Rights emailed.

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene Chavez	TELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:	DATE: 03/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022

LIC9099 (FAS) - (06/04)

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Control Number 29-AS-20220307132751

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO	FACILITY NUMBER: 405850034
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/08/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 03/09/2022 Section Cited HSC 1569.655(a)	1 2 3 4 5 6 7	1569.655 (a) Increase in fee rates. 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...This requirement was not as evidenced by:	1 2 3 4 5 6 7	The administrator agreed to notify all residents and residents’ representatives in writing that the rate increase is rescinded by 3/9/2022. Administrator will send CCL copies of each letter sent. Administrator has agreed to meet with residents and families to conduct individual assessments by 4/8/2022.
	8 9 10 11 12 13 14	Based on interview and record review, the licensee did not provide proper rate increase notice for the rate increase for all residents, which posed a potential health, safety, and 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: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene Chavez	TELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:	DATE: 03/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022

LIC9099 (FAS) - (06/04)

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