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32 | LPA reviewed toileting assistance records from 5/6/22 through 6/30/22 which indicated missing entries on 6/1, 6/7, 6/9, 6/16, 6/18, and 6/23. Interviews revealed each shift (morning, afternoon and night) must check off each task once complete. The dates listed above were missing the NOC shift entry which indicated R1’s toileting needs were not met during that shift. Based on record review and interviews, this allegation is deemed Substantiated at this time.
On the allegation: Facility did not follow refund policy. Reporting Party stated Resident 1 moved in on 5/6/22 and moved out on 7/19/22 and therefore is entitled to a 40% Community Fee Refund. LPA reviewed R1’s admission agreement page 6 which states: “4.1. Community Fee Refund Policy…4.1.4. If the resident leaves the Community for any reason during the third month of residency, the resident is entitled to a refund of 40 percent (40%) of the Community Fee in excess of $500”. LPA interviewed Administrator on 10/10/22 who stated although R1 moved out on 7/19/22 they did not provide a proper 30-day notice until 7/19/22 with a move out date of 8/19/22. However, the admission agreement and health and safety code state that the resident is entitled to a 40% refund if the resident leaves for any reason “during the third month of residency.” R1 left the facility during their third month of residency. Therefore the allegation is deemed Substantiated at this time.
Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiencies were cited (refer to LIC 809-D)
Exit interview conducted. Report, Deficiencies, Civil Penalty, and Appeal Rights issued via email. |