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32 | Continued from LIC 9099
On the allegation: Facility did not provide written notice to the resident for rate increase. it was alleged the administrator mailed an invoice to Resident 1's (R1’s) Responsible Party (RP) on 04/15/25 with a 6.5% rent increase due by 05/01/25. RP is concerned that the facility only gave them a two (2) week notice when regulation states that the licensee shall provide no less than 90 days’ prior written notice to the residents or the residents’ representatives., LPA reviewed facility’s Admission Agreement. Per the admission agreement, under section VI. Fees, subsection E 3-Adjustments to Range of Rates (rate increase): Facility shall give sixty (60) days’ prior written notice to you of any change in the rates for levels of care for the apartment you have chosen. LPA was able to get a copy of the letter mailed to RP. The written invoice reviewed, dated 04/15/2025, includes the new increased rate and states monthly rate (annual increase applied) as of 05/01/2025. On 05/02/2025, director, contacted LPA via phone to inquire about the matter. During the conversation, the Director expressed uncertainty as to whether a 60-day written notice to residents or their responsible parties was required, adding that rate change information is included in the admission agreement signed upon entry. LPA requested the Administrator to be included in the phone conversation. Administrator joined the call and when asked, they acknowledged that a 60-day written notice should always be provided prior to any rate change. During today’s visit, LPA clarified that, pursuant to updated Health and Safety regulation effective January 2025, on and after January 1, 2025, a licensee must provide no less than 90 days written notice for rate increases. The written notice must include the amount of the increase, the reason or reasons for the increase, and a description of the additional costs, except for an increase in the rate due to a change in the level of care of the resident (PIN 24-08-ASC page 4-5). LPA requested a revised version of facility’s admission agreement under section VI-E-3 to reflect new changes. Based on information gathered during the course of the investigation, there is sufficient evidence to determine that “Facility did not provide written notice to the resident for rate increase” is deemed SUBSTANTIATED at this time.
Pursuant to Title 22, California Code of Regulations and/or CA Health and Safety Code, the following deficiencies were cited (refer to LIC 9099-D.) Administrator was informed that failure to correct the deficiencies may result in civil penalties.
Exit interview conducted, appeal rights discussed, and a copy of this report and appeal rights were
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