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13 | Licensing Program analyst Leibert arrived unannounced for the purpose of delivering findings on this complaint. LPA met with the Administrator and discussed the allegations. During the course of this investigation this Department has interviewed witnesses and obtained and reviewed documents. The following determinations are made: R1’s Admission Agreement dated August 05, 2022, indicates a rate for basic services in the amount of $9,825.00; An unnumbered page attached to the Agreement contains a hand written statement indicating a nightly fee of $25 per hour if certain conditions exist; Records indicate, in addition to basic service fee, R1 was charged $25 per night for the months of Aug and Sept 2023; Facility has not produced records indicating proper written notice with explanation for the additional charges were ever given to R1 as required by Title Twenty-Two regulation 87507. On or about October 20, 2022, facility staff refused to allow R1’s Conservator of the Person and Estate to remove R1 from the facility in order to effect a new placement. Based upon the statements taken and documents reviewed, there is a preponderance of evidence to prove the allegations are true and valid. Therefore, the allegations are SUBSTANTIATED. The following deficiencies were observed (see LIC 9099D) and cited from the California Code of Regulations, Title 22, Division 6 of California Regulation. Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties. Exit interview conducted and appeal of rights provided. |
| Substantiated | Estimated Days of Completion: |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
05/23/2023
Section Cited
CCR
87507(g)(3)(B)(1) | 1
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7 | 87507(g)(3)(B)(1) Admission Agreements. A comprehensive description of and the corresponding fee schedule for all additional items and services not included in the fees for basic services shall be listed. ***This requirement has not been met as evidenced by: R1 was charged in excess of fee for basic services without | 1
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7 | Administration shall submit a revised accounting of fees due from R1 which includes the basic fee of $9,825 plus any fee for supplies along with proposed amount of refund due to R1. Accounting is to be submitted to CCL by POC date and is subject to approval by CCL in order to clear the deficiency.
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14 | proper notice and explanation as required by regulation. This posed an immediate risk to R1’s personal rights. | 8
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Type A
05/23/2023
Section Cited
CCR
87468.1(a)(9) | 1
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7 | 87468.1(a)(9) Personal Rights. Residents in all residential care facilities for the elderly shall have all of the following person To have communications to the licensee from their representatives answered promptly and appropriately. ***This requirement has not been met as evidenced by: On or about Oct 20, 2022, | 1
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7 | Administration shall review the Personal rights sections of Title Twenty-Two regulations and submit a signed and dated declaration to CCL by POC date in order to clear the deficiency. Declaration to address the rights review and commitment going forward to comply with the regulations. |
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14 | R1’s Conservator was told that the Conservator could not remove R1 from the facility. This posed an immediate risk to the personal rights of R1
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