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32 | Allegation: Facility raised level of care rates without clear explanation
It was alleged that facility representatives raised the monthly rates of Resident 1’s (R1) care without providing a clear written explanation for the change to R1’s responsible party (RP).
On June 16, 2026, a care conference was held with facility staff and R1’s RP to discuss R1’s care needs and concerns. During this meeting, RP was initially provided a “Level 2” care plan describing the services and interventions that were to be provided to R1 as part of R1’s daily routine. During the meeting, a present staff member verbally changed the care plan to a “Level 3” citing the fact that R1 is now needing stand-by assistance with showering for their safety and to ensure cleanliness. R1’s RP requested a copy of a level 3 care plan which was unavailable for their review.
LPA interviewed facility managerial staff who provided LPA with a Care Services and Fees document indicating the services provided for each level of care. At the bottom of this document, there was an asterisked statement claiming, “Level of care pricing subjected to change without notice.” LPA interviewed care staff at the facility who stated R1 was still primarily independent with the majority of their Activities of Daily Living (ADLs), but they had noticed a gradual decline in R1’s ability to cleanse themselves properly to ensure R1’s own health and hygienic safety. Additionally, staff reported R1 had begun to exhibit more confused behaviors and needed more reminders and stand-by assistance throughout the day, specifically with toileting and showering.
However, LPA reviewed R1’s Admission Agreement and noted that on page 16 under the heading “Change of Level of Care, “the document states “if we (facility) determine that you need a level of care that is different from your current level, we will provide you and your RP with written notice of that change.” LPA reviewed an email dated July 8, 2026, to R1’s RP from facility administrator, Stacey Baxter, containing the level three (3) care plan that RP had requested over three (3) weeks prior. This was the first time the RP had been provided a level three (3) care plan for the resident when RP had already been directed to pay for level three (3) care for half of June 2026 and all of July 2026.
Based on interviews conducted, observations, and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, (Title 22), is cited on the attached LIC 9099D. |