405850034-7-1-2021-29-AS-KBUY-C7BQ7B-20210929115451

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 405850034
Report Date: 07/01/2021
Date Signed: 07/01/2021 04:02:17 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
05/05/2021 and conducted by Evaluator Darlene Chavez

COMPLAINT CONTROL NUMBER: 29-AS-20210505161806

FACILITY NAME:	AVILA SENIOR LIVING AT DOWNTOWN SLO		FACILITY NUMBER:	405850034
ADMINISTRATOR:	MICHAEL MAYFIELD		FACILITY TYPE:	740
ADDRESS:	475 MARSH ST		TELEPHONE:	(805) 706-0736
CITY:	SAN LUIS OBISPO	STATE: CA	ZIP CODE:	93401
CAPACITY:	100	CENSUS: 48	DATE:	07/01/2021
		UNANNOUNCED	TIME BEGAN:	02:00 PM
MET WITH:	Cathyann Paape, Business Office Manager		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

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Facility increased rental rates without proper notice.

INVESTIGATION FINDINGS:

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On 7/01/2021 at 2:07 pm, Licensing Program Analyst (LPA) Chavez initiated a subsequent complaint visit to discuss the final findings for the allegation listed above. LPA met with Cathyann Paape, Business Office Manager and informed the manager of the reason for the visit.

On the allegation “Facility increased rental rates without proper notice”, the complainant’s concern was that multiple residents received rent increases without 60 days’ written notice as per regulation. To investigate the allegation, LPA interviewed the complainant on 5/05/21 at 12:00 pm, Business Office Manager on 5/06/21 at 3:00 pm, and four (4) residents on 6/04/21 at 12:38 pm, 1:00 pm, and 1:32 pm and on 6/14/21 at 10:03 am. LPA also obtained financial records, reviewed one (1) written resident concern on 6/03/21 at 8:45 am and facility communications on 6/03/21 at 8:51 am.

Continued on 9099C.

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: 07/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2021

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 29-AS-20210505161806

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: 07/01/2021

NARRATIVE

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The Business Office Manager provided a letter dated 10/25/2020 from Pacifica Senior Living, the corporate office, stating that residents of the facility would incur a rent increase effective 1/01/2021. Residents interviewed stated they never received said letter. LPA reviewed resident invoices which indicated a 1/01/2021 rental increase.

In a memo dated 1/26/2021 from the facility’s Executive Director, he states, “Many of you were quite dismayed to receive a surprise rent increase in your January billing….Regulations require a 60-day notice for such rent increases, and unfortunately our corporate office inadvertently neglected to give this notice.”

Based on the information obtained, the allegation that, “Facility increased rental rates without proper notice”, is Substantiated. The facility did not provide 60-day written notice to residents of the rent increase. As indicated in resident interviews and the Executive Director’s memo, residents did not receive the 10/25/2020 rent increase letter and on 1/26/21, residents were told the rental increase would be effective 3/01/21 which is only a 34-day notice.

Exit interview conducted, deficiencies cited, and a copy of report and appeal rights given to Business Office Manager.

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene Chavez	TELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:	DATE: 07/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2021

LIC9099 (FAS) - (06/04)

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Control Number 29-AS-20210505161806

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: 07/01/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 07/07/2021 Section Cited HSC 1569.655(a)	1 2 3 4 5 6 7	1569.655(a) Health & Safety Code If a licensee of a residential care facility for the elderly increases the rates of fees for residents...licensee shall provide no less than 60 days' prior written notice to the residents or the residents' representatives...	1 2 3 4 5 6 7	Resident rental increases are credited from January 2021 to June 2021 to all current and former residents because residents did not receive proper notice. Send LPA a list of resident rental increases, dates credited, and resident names.
	8 9 10 11 12 13 14	Based on interviews, record reviews, facility communication, and resident documents, the licensee failed to ensure a safe environment by having residents incur additional costs without proper notice which poses a potential safety risk to residents in care.	8 9 10 11 12 13 14	A letter from facility is sent to residents by 7/07/21 stating the rental increase will be removed or credited from their accounts for January 2021 to June 2021. A copy of letter sent to LPA. by 7/07/21.
	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: 07/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2021

LIC9099 (FAS) - (06/04)

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