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32 | The following was reported to The State of California Department of Social Services (DSS), Community Care Licensing Division (CCLD), Santa Rosa Regional Office:
Responsible parties (who paid in advance) of deceased residents or residents who have moved out of the facility have not received a refund check as required. Resident (R1) who moved out prior to the end of the month, allegedly waited over a month and did not receive their refund check. Resident (R2) who passed away and was paid for the month, R2's responsible party stated it had been over 2 months and they did not receive their refund check.
Complaint findings regarding “Facility staff have not issued a refund to resident's authorized representative” : Interviews conducted revealed refund checks were entered into Parkrose Gardens of Fairfield's system for the checks to be issued, but the facility could not confirm if the management company Ally Senior Living, LLC (also known as/formerly known as Align Senior Living, LLC) had paid the refund within 15 days of the resident's move out date (and removal of personal belongings). Review of records revealed 16 residents who moved out or who are deceased, that refund checks were requested between 01/01/2023 to 06/22/2023. LPA had requested from Parkrose Gardens of Fairfield, documentation and copies showing proof of when the refund checks were paid to the resident's responsible parties on 03/13/2023, 04/25/2023, 06/06/2023, and 06/22/2023. LPA only received copies of documentation for resident refund check requests for 13 residents (R1- R13) and a Refunds Report spreadsheet between 01/01/2023 - 06/23/2023 (for 9 residents [R1-R9]) which displayed the resident's name, payer type, amount, issue date, status, and payments/credits refunded. Refunds Report indicated 1 of 9 resident's refund was issued and 8 of 9 refund checks were sent. Additionally Staff (S1 & S2) stated the refunds are processed and issued by the accounting division which is located outside of the State of California. S1 & S2 stated they did not know regulation requires refunds to be paid within 15 days of when the resident's belongings are removed from the facility after move out or death. Facility was unable to provide documentation of the removal of resident's belongings and items that were removed. Facility staff (S3) stated the resident's belongs were removed on the date listed on the notes section of the Resident Refund Check Request.
This agency has investigated the complaint alleging "Facility staff have not issued a refund to resident's authorized representative”. Based on record review and interviews conducted, licensee did not pay the refunds to the resident's Responsible Party within the required 15 days after the removal of resident's belongings, therefore the preponderance of evidence standard has been met, the above allegation is found to be SUBSTANTIATED. California Health & Safety Code and Code of Regulations, (Title 22, Division 6 & Chapter 8), is being cited on the attached LIC 9099D. Appeal Rights Provided. |