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32 | 9099C-1.. LPA and Administrator reviewed the admission agreement where it states that "Advance Notice to Terminate the Admission Agreement upon death is not required". Additionally, the following is stated in the Admission Agreement, "Within fifteen (15) days after your personal property is removed from the facility, your estate or other person or entity responsible for payment of fees and charges, under this agreement, will receive a refund of any fees paid in advance covering the period after your personal property has been removed."
The Administrator indicated she spoke to (R1's) responsible person by telephone on February 17,2025 when she was out of the country and indicated she would have to review the admissions agreement before issuing a refund. In addition, the Administrator agreed with the agency and (R1's) responsible person that the monthly rent would be reduced by $1,300 because there a room vacancy at the time, and the agency could not locate another facility with a vacancy. The Administrator stated to LPA that during the signing of the admission agreement with (R1's) responsible person, it was agreed that since a Pre-Admission fee was not being charged, and the facility was paying placement agency fees, there would no refunds of any pre-paid rent monies, after (R1) passed, who was on hospice.
The Administrator stated to LPA that her understanding was that prepaid fees referred to a Pre-Admission fee, which she does not charge. The Administrator confirmed she returned to the facility on Monday, March 3, 2025 and had not received a letter from (R1's) responsible person, by regular USPS mail, while she was away. LPA observed the Administrator look through a small pile of mail during today's inspection and did not locate the letter from (R1's) responsible person. The Administrator provided LPA with (2) attempted delivery receipts left inside the mailbox, across the street. One was dated February 19, 2025 (noted as a First Attempt) and a second one was dated February 24, 2025 (noted as a final attempt) and that the letter would be returned to sender on March 6, 2025, if not picked up before then.The Administrator confirmed that (R1) passed on January 11, 2025, their belongings were removed on January 12, 2025 and January rent was paid on January 1, 2025 to cover the entire month, thru January 31, 2025.
Health and Safety Code section 1569.652(c) states the following: (c) A refund of any fees paid in advance covering the time after the resident’s personal property has been removed from the facility shall be issued to the individual, individuals, or entity contractually responsible for the fees or, if the deceased resident paid the fees, to the resident’s estate, within 15 days after the personal property is removed.
Based on information obtained during the investigation, the Department find the allegation to be SUBSTANTIATED- A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met.
Per California Code of Regulations, Title 22, Division 6, Chapter 8, the following (1) citation is issued on the 9099-D page. Exit interview with the Administrator. Copy of report and appeal rights provided |