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13 | On November 18, 2022, Licensing Program Analyst (LPA) Chinwe Nwogene conducted an unannounced visit to conclude the complaint investigation into the allegation listed above. LPA met with Administrator, Ali Naghibi who was informed of the purpose of the visit. During the investigation, LPA interviewed Resident #1 (R1) Responsible party, interviewed staff, Interviewed Hospice Social Worker, Interviewed Hospice Nurse, and reviewed resident file.
Regarding the allegation “Facility did not provide a refund”. It was alleged facility did not provide refund to R1 Responsible party after R1 passed away. Interview with R1 Responsible party revealed R1 Responsible party was unaware of the facility refund polices and didn't receive a written notice from facility regarding contract termination and refund upon R1 death. LPA interviewed Administrator, Ali Naghibi who stated R1 belongings was still in the facility after R1 Passed away and the notice for refund and contract termination is already in R1 admission agreement. LPA reviewed R1 Admission Agreement Page 8, under Death of a Resident. Admission agreement stated “The licensee shall, within 3 days of becoming aware of a resident’s death, provide written notice to specified persons of the facility’s policies regarding contract termination at death and refunds” which facility failed to abide to.
Continue on LIC9099C
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| Substantiated | Estimated Days of Completion: |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
11/28/2022
Section Cited
HSC
1569.652(d) | 1
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7 | Termination of admission agreement upon death of resident;
(d) If fees are assessed while a resident’s personal property remains in a unit after the resident is deceased, a licensee shall, within three days of becoming aware of the resident’s death, provide to the resident’s responsible person, or other individual or individuals as identified in the admission agreement or attachment, written notice of the facility’s policies regarding contract termination upon death and refunds. | 1
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7 | Licensee stated a refund will be issued to R1 Responsible Party and proof of the refund will be provided to LPA by POC due date 11/28/2022. |
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14 | This requirement is not met based as evidence by interview and file review. The licensee did not comply with the section cited above by not providing to R1 Responsible Party a written notice of the facility’s policies regarding contract termination upon death and refunds which poses an immediate health, safety or personal rights risk to persons in care. | 8
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Type B
11/28/2022
Section Cited
CCR
87468.1(a)(11) | 1
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7 | Personal Rights of Residents in All Facilities
(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights:
(11) To have their visitors, including ombudspersons and advocacy representatives, permitted to visit privately during reasonable hours and without prior notice,... | 1
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7 | Administrator, Ali Naghibi stated a written statemnt of understanding of the regulation cited will be provided to LPA by the POC due date 11/28/2022. |
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14 | This requirement is not met based as evidence by interview and file review. The licensee did not comply with the section cited above by not allowing the R1 Hospice Social Worker visit R1 which poses an immediate health, safety or personal rights risk to persons in care. | 8
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