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32 | [CONTINUED FROM LIC 9099] The Complainant also said R1 was owed a refund of prepaid rent fees from 04/25/2026 through 05/31/2026, but Licensee agreed to only refund RP/R1 for the prepaid rent fees from 05/04/2026 though 05/31/2026.
However, in their own interview, S1 presented a different account of their conversation with the RP. S1 said they advised the RP that additional costs (related to increased care) would be necessarily charged upon R1’s return, in spite of the RP’s protest that they could not afford the increased fees; S1 said R1 was never expressly prohibited from returning to their room at the facility. LPA also interviewed other two other facility managers plus a credible third-party/outside source, all who interacted with both S1 and RP during this time period. These interviews and the available written correspondence more showed that the RP chose for R1 to not return to the facility due to the anticipation of increased costs which were not financially sustainable, rather than R1 being prohibited by S1 from returning to their room at the facility.
Per the facility's admissions agreement contract: Licensee reserves the right to reassess a resident upon any observed change in condition, and to immediately charge the care level (according to the disclosed schedule of fees) that the resident requires for their safety. Also, billing ends only after a resident has fully moved out, which is defined as both the resident departing and also vacating their room of personal property.
Interviews of all parties unanimously showed: The RP had prepaid R1’s rent through 05/31/2026, and that the RP in practice fully-vacated R1’s room of personal belongings on 05/03/2026. R1 is thus owed a prorated refund of $2,619.35, which Licensee has agreed to issue. Per regulation, RCFE licensees have up to “15 days after the personal property is removed” to refund owed prepaid rent following a move out (which in this case comes out to 05/18/2026). As of the commencement of CCLD’s investigation, Licensee was still in compliance with this deadline.
Based on records and interviews, a preponderance of evidence did not exist to show that Licensee unlawfully evicted R1, or that Licensee did not refund the full amount of money owed to R1. Both allegations are therefore Unsubstantiated, and no deficiencies were cited for them.
An exit interview was conducted with Executive Director Adrian Gullien, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 03/22) were provided. |