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In addition, the complaint alleges Facility charged resident for services not rendered. The complaint states R1 was charged for one month, including care costs, although R1 moved out of the facility because the facility could not meet R1’s care needs due to medical condition.
LPA reviewed the Admissions Agreement signed by R1 which states that a 30-day notice must be given when a resident chooses to terminate their lease agreement. A 30-day notice was not received by the facility from R1 until May 6, so costs incurred through June 4 would be the responsibility of R1 as specified under the lease agreement. Additionally, the complaint states that R1’s needs could not be met: requiring 24 hour care, and therefore, requiring care at another facility. LPA questioned staff S1 if 24-hour staff was available to meet the needs of R1. S1 stated the facility was not contacted by R1 notifying facility of change in condition or if facility was able to meet R1’s care needs. According to S1 facility does have 24-hour staffing able to meet the needs of R1, so the 30-day notice to terminate the lease agreement was still required. Therefore, the allegation that Facility charged resident for services not rendered is Unsubstantiated.
Although the allegations may have happened there is not a preponderance of evidence to substantiate the allegations therefore the allegations are unsubstantiated.
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