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32 | Because of the facilities admission agreement not having a refund policy, the agreement being discussed is then without a document supporting it. LPA reviewed communication from the facility to representatives of the estate outlining an argument against paying a refund, but on the basis of not providing 30 days notice to quit.
LPA's review of the admission agreement does state, "Provide 30 days notice of intent to move from the home unless the resident's physical condition prevents this from being done", creating a unintended interpretation of the document where a incapacitated resident could undermine the facilitiys reasoning to not pay a refund for services not performed in the month they moved out.
Per interview with administrator, a refund is in process of being issued, for an amount agreed to by the estate. LPA is asking for the check to be sent certified, and the party representing the resident to be notified of the incoming refund, the administrator should send the LPA confirmation of the receipt of the check. Noel.wolfpetersen@dss.ca.gov
LPA agrees that settling the dispute, even without a defined document with terms of the refund, is probably the best course of action, rather than continue the disagreement in civil court with the current basis of not providing 30 days notice to quit. LPA notes the facilitys new refund policy will be provided with an updated admission agreement, to the LPA 6/7/2026,
As the ownership structure of the License has recently changed and the obligations being paid appear to be handshake based, a Technical Violation was issued with a substantiated finding rather than a citation, a copy of the report was read and given to the administrator. A copy of the appeal rights was provided. exit interview conducted. |