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13 | On December 14, 2022, Licensing Program Analyst (LPA) Komal Charitra conducted an unannounced complaint visit to deliver the findings for the above allegation. LPA met with Administrator, Evelyn Conan and explained the purpose of the visit.
Regarding the allegation that facility staff refused to issue refund to resident’s authorized representative, according to the reporting party, the Administrator was not going to issue a refund upon a resident’s death. During the investigation, LPA reviewed resident files and observed the facility admissions agreement. According to the Administrator, there is a no refund policy based on the facility’s admission agreement. Based on the admission agreement reviewed, it states, “In the event of a death, no refund shall be given based on daily rate.”
Although the admission agreement indicates that there is no refund issued upon resident’s death and the authorized representative signed the admission agreement, the facility’s admission agreement does not meet Title 22, Div. 6, Chapt. 8, Article 9, Sec. 87507 Admission Agreements. Nevertheless, the facility administrator failed to ensure that the facility’s admission agreement met CCR 87507 as the refund conditions as required was not included in the facility's admission agreement.
Based on the information collected and interviews conducted, it was determined that facility accepted resident with a 3 pressure injury without an exception. The preponderance of evidence standard has been met; therefore, the above allegation is determined to be Substantiated.
Deficiency of the Residential Care Elderly California Code of Regulations, Title 22, Division 6 is observed and cited on a LIC 809D. Failure to correct the deficiencies may result in civil penalties.
Report is reviewed with Administrator, Evelyn Conan and a copy is provided with appeals rights. |