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32 | [CONTINUED FROM LIC 9099-C, 1 of 3]
On Sunday 03/02/2025, Licensee reassessed R1 and determined that R1 now needed facility staff to help with personal care, at least temporarily. R1 thus went from no care level ($0) to Care Level 2 ($1,460 per month), effective 03/03/2025. Per S1, they phoned R1’s RP around this time asking to discuss the change but the RP did not answer; S1 left the RP a voicemail, which was not returned. S1 did not discuss fee/cost changes in their voicemail. Per HSC 1569.657(a), written notice of this change in R1’s care level (and accompanying change in fee) was required to be served to the RP no later than Tuesday 03/04/2025. The written notice of such was first authored and put in outgoing mail (non-certified) by S2 on Monday 03/03/2025 (as confirmed by both the printed date on the letter and interview of S2). Per a conservative estimate, this letter would have arrived at the RP’s mailing address at the latest by Friday 03/07/2025, three (3) days after the service due date. The preponderance of evidence shows that there were up to three (3) days when R1 was billed for Care Level 2 (up from no care level) without the required legal notice to the RP. R1’s Care Level 2 was billed only through 04/08/2025, because Licensee subsequently reassessed R1 and put them back on no care level, again.
On Thursday 12/11/2025, Licensee reassessed R1 and determined that R1 again needed facility staff to help with personal care. R1 thus went from no care level ($0) to Care Level 1 ($730 per month), effective 12/11/2025 and continuing through present. Per S1, they phoned R1’s RP around this time to discuss the change but the RP did not answer; S1 left the RP a voicemail, which was not returned. S1 did not discuss fee/cost changes in their voicemail. This time around, S1 also sent the RP a follow up E-mail, but did not discuss fee/cost changes in said E-mail, either. Per HSC 1569.657(a), written notice of this change in R1’s care level (and accompanying change in fee) was required to be served to the RP no later than Friday 12/12/2025. However, the written notice of such was first authored and put in outgoing mail (non-certified) by S2 on Sunday 12/14/2025 (as confirmed by both the printed date on the letter and interview of S2). This letter was thus picked up by USPS no sooner than Monday 02/15/2025. Per a conservative estimate, this letter would have arrived at the RP’s mailing address at the latest by Friday 12/19/2025, seven (7) days after the service due date. The preponderance of evidence shows that there were up to seven (7) days when R1 was billed for Care Level 1 (up from no care level) without the required legal notice to the RP.
[CONTINUED ON LIC 9099-C, 3 of 3] |