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25 | Licensing Program Analyst (LPA) Dang Nguyen conducted an unannounced Case Management visit to cite deficiencies which were identified during a separate Complaint Investigation. LPA was welcomed by, identified himself to, and discussed the purpose of the visit with Caregiver Alfred Riosa.
Interview of facility manager and outside sources, and records reviewed, aligned to show: Licensee met with the responsible person (RP) for Resident #1 (R1) on 07/18/2022 for a care conference meeting. During this meeting, Licensee personally served RP with an eviction letter titled, “30 Days Notice.” CCLD reviewed a copy of this letter.
Although the Department determined that the basis for R1’s eviction was valid, the contents of Licensee’s eviction letter did not meet all regulatory requirements. Licensee did not include in the letter “a statement informing residents of their right to file a complaint with the licensing agency” and the name, address, and telephone number of the local licensing office and the State Long Term Care Ombudsman office, as was required. Licensee did not include in the letter the required disclosure statement described in California Health and Safety Code Section 1569.683(a)(4), which reads: "In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing." Interviews showed that R1 voluntarily moved out of the facility prior to the expiration of 30-day notice period.
Two (2) deficiencies were cited per California Code of Regulations, Title 22 (see the LIC 809-D page). Plans of Correction were jointly developed with the Licensee.
An exit interview was conducted with Riosa, to whom a copy of this report, the LIC 809-D page, and the Licensee/Appeal Rights (LIC9058 03/22) were provided. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
05/25/2024
Section Cited
CCR
87224(d)(1)(C)
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7 | 87224 Eviction Procedures: “(d)(1) The notice to quit shall include the following information: (C) A statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office.” | 1
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7 | Licensee agreed to utilize a third-party source to retrain all facility managers on RCFE Eviction Procedures (as described in California Code of Regulations, Title 22, Section 87224 and California Health and Safety Code Section 1569.683). Licensee agreed to submit proof of training completion to LPA, by the POC due date. |
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14 | Based on records and interview, for 1 of 6 residents (R1), Licensee did not ensure that their notice to quit included a statement informing them of their right to file a complaint with the licensing agency, including the name address and telephone number of the local licensing office and the State Long Term Care Ombudsman office. This posed a potential personal rights risk to persons in care. | 8
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Type B
05/25/2024
Section Cited
CCR87224(d)(1)(D)
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7 | 87224 Eviction Procedures: “(d)(1) The notice to quit shall include the following information: (D) The following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): "In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing." | 1
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7 | Licensee agreed to utilize a third-party source to retrain all facility managers on RCFE Eviction Procedures (as described in California Code of Regulations, Title 22, Section 87224 and California Health and Safety Code Section 1569.683). Licensee agreed to submit proof of training completion, by the POC due date. |
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14 | Based on records and interview, for 1 of 6 residents (R1), Licensee did not ensure that their notice to quit included the exact statement that is specified in California Health and Safety Code Section 1569.683(a)(4). This posed a potential personal rights risk to persons in care. | 8
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