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32 | Interview with Licensee indicated that R1 was admitted to the facility on January 31, 2026 and passed away on February 7, 2026. Licensee indicated that they had not issued a refund to R1’s authorized representatives as the facility did not issue refunds upon the death of a resident receiving hospice services per admission agreement signed by R1’s authorized representative. LPA reviewed Admission Agreement signed by R1’s authorized representative, which states “REFUND POLICY: Refund policy for this facility is ‘Please note that payment are not refundable & a 30 days notice is required for any cancellations/changes.’”
Per Health and Safety Code §1569.652(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.” Per Title 22, Division 6, Chapter 8, Section 87507(h)(4), “The admission agreement shall not contain the following: Any provision that violates the rights of any residents including but not limited to those specified in Section 87468 and in Health and Safety Code section 1569 et seq.”
Relevant party reported that R1’s property was removed from their room to the garage on February 8, 2026 and R1's Power of Attorney removed R1's property from the care home on February 10, 2026. Licensee stated that R1's property was removed from the care home on February 9, 2026.
Based on interviews conducted and records reviewed, the preponderance of evidence standards have been met. Therefore, the above allegation is found to be SUBSTANTIATED. Per Health and Safety Code, a deficiency is being cited on the attached 9099-D page.
Exit interview was conducted. A copy of this report and appeal rights were provided. Signature on these forms acknowledges receipt of these documents. |