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32 | 9099C-1,Allegation: Unlawful Eviction: The allegation states that resident (R1) was reportedly told they have (3) day notice to vacate while was hospitalized.
LPA spoke with a representative from a health care provider that stated the facility was "refusing to take (R1) back" for the reason that they "can't manage the ileostomy". The representative stated the facility administrator stated she would provide a 3-day notice to (R1), and then refused to take them back from the hospital. (R1) was placed at another board and care.
Both the Administrator and staff stated that (R1) began declining each week shortly after moving in due to their diagnoses, including cancer and (R1) refusing to get chemotherapy treatment, dialysis, a hospice evaluation and going to the Emergency Room for (3) days. An incident report was submitted to the department along with a signed refusal from (R1), dated March 21, 2026.
The Administrator stated that the hospital contacted her after (R1) had been in the hospital for (4-5) days and asked if (R1) could return to the facility. The administrator stated she was not comfortable taking (R1) back with the ileostomy because there were issues the nurses were aware of, a large wound near the ileostomy site, which was present when (R1) moved in but became stabilized after a few weeks due to the nurses oversight. Additionally, the skilled nursing stated to the facility that (R1) would be having another type of surgery (2) weeks after moving in and an ileostomy would not be needed after that, but the surgery did not happen due to (R1) not obtaining a physician. (R1) was sent out to the Emergency Room on March 22, 2026 due to finally agreeing to go after having no urine output for three days.
The admission agreement states that (30) day written notice will be issued as a condition for eviction, and a (3) days may be given with provided there is written approval from the Department. The administrator confirmed that a written eviction notice was not issued to (R1) and (R1) return to the care home.
Based on information obtained, the allegation is found 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. Copy of report and appeal rights emailed. |