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32 | Licensee and Administrator (S1) stated in a written rebuttal statement that R1 was admitted to hospice on 10/10/2020 (R1 was placed on Hospice on 10/09/2020) and the facility explained to R1’s responsible person (RP) that R1 needed a private room to receive hospice care and the facility did not have a private room available at the time. S1 stated RP decided to search for a facility to accommodate R1’s needs (hospice care). S1 stated RP was referred to several facilities “in good standing and with private rooms” and RP declined. S1 stated, “it was not like [RP] was not given enough time to look for a more suitable home for [R1]”. Additionally, S1 stated “it was clear that from the time [R1] was put on hospice [RP] knew that we didn’t have a private room available, and the room where [R1] was staying ... was a temporary accommodation. Had it not been for [R1] being a hospice resident [R1] would still be at Ameera Care to this day”. RP stated they were not informed about hospice care residents in a shared room getting consent from the roommate to allow hospice providers to enter the shared room to provide care. RP stated if they were informed about this beforehand, then RP would have "never" placed R1 to facility.
After obtaining the “Release from Facility Liability” form created by Ameera Care facility, which concluded that the event had occurred as alleged, and conducting interviews which were consistent in their facts establishing the event had occurred and the facility did not follow the proper eviction procedures as regulated for Residential Care Facilities for the Elderly (RCFE) the allegation of “Illegal eviction” is substantiated.
Based on interviews conducted and record reviews, the preponderance of evidence standard has been met, therefore the allegation “Illegal eviction” is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 6 & Chapter 8), are being cited on the attached LIC 9099D. Appeal Rights Provided. Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties.
Exit interview conducted with Licensee/Administrator Ma Jowaher Mones. Whose signature on this form confirms receipt of these documents.
Due to technical difficulties, reports were PDF and emailed to Licensee.
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