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32 | Regarding the allegation: Staff did not provide a refund upon resident’s death. It is alleged that the facility has not refunded the remaining prorated amount back to R1’s family upon their death within fifteen (15) days of R1’s death. Three (3) out of three (3) staff interviewed denied this allegation. S1 stated the amount of the refund was processed by the facility licensee on 04/11/2025 and sent out via USPS. The determined amount the facility refunded the prorated amount back to the family. Three (3) out of three (3) residents interviewed could not corroborate this allegation. Witness 1 (W1) stated upon the death of their family member on 11/12/2024, the family cleaned out and vacated R1’s belonging from the facility by 11/12/24. Same day after the death of R1.
R1’s lodging for private room and was paid in advance and the contract was effective 10/24/24 to 11/23/24. Payment was agreed and paid in advance for each month on the 24th going forward. Under the Admissions Agreement and Contract page 1 states 'This Agreement shall be in effect from month-to-month, unless and until it is terminated as set forth below'. According to the Admissions Agreement and Contract under section 19, page 10 of the Termination of Agreement states that an RCFE “ this agreement will be terminated immediately upon the death of the resident and payment will be owed until the room is vacated by any and all the residents’ personal belongings. Refunds in case of death will be processed with fifteen (15) days”. R1’s belongings were vacated by family on 11/12/2024.
According to W1, facility fees were paid in advance from the 24th of each month to the next. Facility fee payment was made 10/24/24 until 11/23/24. After R1 passed on 11/12/24 and all personal belongings were moved from the facility on 11/12/24. The facility did not determine the refund amount from the monthly advanced payment within fifteen (15) days. According to the admissions agreement the facility is not in compliance its own contract agreement made with R1’s family. Facility to refund the prorated amount to R1’s responsible party/family member for the period 11/13/24 through 11/23/24.
Therefore, based on LPA’s, interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, (Title 22, Division 6 & Chapter 8), are being cited on the attached LIC 9099D.
Exit interview was conducted and copy of this report and appeals rights were left with Jesse Quezada, Administrator. |