496803049-4-14-2023-21-AS-HDBI-CTV8XY-20230718225503

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 496803049
Report Date: 04/14/2023
Date Signed: 04/14/2023 02:38:01 PM

Unfounded

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/04/2023 and conducted by Evaluator Dina Alviso

PUBLIC

COMPLAINT CONTROL NUMBER: 21-AS-20230404153129

FACILITY NAME:	VARENNA AT FOUNTAINGROVE		FACILITY NUMBER:	496803049
ADMINISTRATOR:	BUOT, FERDINAND		FACILITY TYPE:	741
ADDRESS:	1401 FOUNTAINGROVE PKWY		TELEPHONE:	(707) 526-1226
CITY:	SANTA ROSA	STATE: CA	ZIP CODE:	95403
CAPACITY:	322	CENSUS:	DATE:	04/14/2023
		UNANNOUNCED	TIME BEGAN:	09:35 AM
MET WITH:	Ferdinand Buot-Administrator/ED		TIME COMPLETED:	02:30 PM

ALLEGATION(S):

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Facility not providing due refunds in a timely manner

INVESTIGATION FINDINGS:

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Licensing Program Analyst(LPA) Alviso conducted a complaint visit, on 4/14/23 at approximately 9:35am, and met with Executive Director/Administartor Ferdinand Buot, and Executive Director Debbie Smith.

LPA reviewed two(2) resident files, including admission agreements, facility's policy and procedures regarding refunds, and financial documents; The LPA requested copies of records, and the Administrator provided the copies to the LPA during the visit.

The LPA reviewed records (R1 & R2), and conducted interviews with staff (S1 & S2), and other related party(s). The LPA contacted the Departments Continuing Care Contracts Branch(CCCB) staff C. Hadley, and reviewed refunds of monthly fees. CCCB reviews, and approves the continuing care contracts. The investigation revealed per the Admission Agreement/Contract, the refund of an "Entrance Fee" is refunded up to ninety percent (90%);
Continued on LIC9099...

Unfounded

Estimated Days of Completion:

SUPERVISOR'S NAME: Hope DeBenedetti	TELEPHONE: (707) 588-5059
LICENSING EVALUATOR NAME: Dina Alviso	TELEPHONE: (707) 588-5082
LICENSING EVALUATOR SIGNATURE:	DATE: 04/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/14/2023

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 21-AS-20230404153129

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: VARENNA AT FOUNTAINGROVE	FACILITY NUMBER: 496803049
	VISIT DATE: 04/14/2023

NARRATIVE

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A repayment amount of an "Entrance Fee" shall be received within fourteen(14) calendar days after Varenna relets former resident's apartment/casita to a new resident who has executed a Residence Agreement and paid the applicable Entrance Fee for the former resident's unit. This information was in the contract of resident(R1) reviewed on page seven(7) regarding Termination by Resident After Cancellation Period/Repayment Amount. The statutes of the continuing care contracts speak to Entrance Fees specifically, and other fees but not specifically to a due refund of a monthly fee. The continuing care facility may choose to refund the monthly fee/rent separately and/or refund the monthly fee due, along with the Entrance Fee repayment to the resident/responsible party.

Per the LPA's review of resident records, resident(R2) paid the entrance fee on 4/4/23, on former resident's(R1's) unit, as well as signing an agreement/contract regarding the unit; A repayment of former resident R1's entrance fee went out to the responsible party on 4/13/23, and a complete due refund payment of the monthly fee was sent to the responsible party on 4/7/23- both checks were sent by FedEx.mail.

With regards to the allegation of “Facility not providing due refunds in a timely manner”. LPA reviewed records, conducted interviews with various parties regarding refunds, and reviewed resident contracts, and refund documentation of fees recently sent out to former resident's responsible party. The information obtained in this investigation didn't support that a violation of regulations/health & safety code had occurred.

Based on the interviews, record/document reviews, and related information obtained during the investigation, the allegation facility not providing due refunds in a timely manner is UNFOUNDED. We have found that the complaint allegation(s) are/were unfounded, meaning that the allegation was false, could not have happened and/or is without a reasonable basis.
No deficiencies cited during today’s visit.
Exit interviews were conducted.

SUPERVISOR'S NAME: Hope DeBenedetti	TELEPHONE: (707) 588-5059
LICENSING EVALUATOR NAME: Dina Alviso	TELEPHONE: (707) 588-5082
LICENSING EVALUATOR SIGNATURE:	DATE: 04/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/14/2023

LIC9099 (FAS) - (06/04)

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