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Later in the same day, 1/23/2026, ED Lua responded to the document request stating, “We will follow up once the documentation is compiled and ready for release.” On 1/26/2026 LPA Frank spoke with ED Lua via telephone. ED Lua asked if internal incident reports needed to be provided to residents’ representatives if requested. LPA advised ED Lua to check with their legal counsel. During today's facility visit a copy of California Code of Regulations (CCR) 87211 Reporting Requirements was provided ED Lua. On 1/27/2026, the resident’s representative email ED Lua requesting an update and, “if you were gonna have the documents available for me to pick up today before you leave.” On 1/30/2026 ED Lua sent an email to the resident’s representative stating, “This email is to formally clarify our position regarding your request for records from R1’s file. Pursuant to California RCFE regulations (Title 22) and upon advice of legal counsel, we will not release any resident records unless and until we receive a certified written request that clearly identifies: 1. The specific documents being requested. Once a compliant certified request and proper authorization are received, we will review and release only those records that are legally permissible under state regulations. Until that time, no documents will be released. Any further requests should be submitted in writing and in compliance with the above requirements,”. Title 22, Division 6, Chapter 8, Article 08. 87468.2 Additional Personal Rights of Residents in Privately Operated Facilities (a)(19) states: (a) In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: (19)To have prompt access to review all of their records and to purchase photocopies of their records. Photocopied records shall be provided within two (2) business days and at a cost that does not exceed the community standard for photocopies. The documents requested were not provided within the regulated time. Based on LPA’s interviews and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 6 Chapter 8, are being cited on the attached LIC9099D.
Exit interview conducted. Copy of LIC9099, LIC9099C, LIC9099D, Plan of Corrections, 811 Confidential Names and Appeal Rights discussed and provided to ED Lua. LPA also provided ED Lua copies of California Code of Regulations (CCR) 87211 Reporting Requirements, CCR 87468.2 Additional Personal Rights of Residents in Privately Operated Facilities and CCR 87506 Resident records for future reference. Signature on form confirms receipt of documents.
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