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32 | Allegation – Illegal Eviction:
The investigation into this allegation consisted of interviews and record reviews.
On October 8, 2025, the POA for R1 reported that R1 was provided a 30-day eviction notice on September 10, 2025.
Email correspondence showed that Administrator Lucia asked LPA Sommer Hayes to review the eviction notice that was provided to R1. Per review, LPA Hayes provided consultation to Lucia to update R1’s reappraisal. On August 6, 2025, Lucia stated that a reappraisal had been conducted for R1 but that the family refused to sign it. Lucia also reported that the POA had not provided an updated Physician’s Report at that time.
The 30-day eviction notice cited Title 22, Section 87224(a)(4), and stated that R1’s care needs had increased beyond what the facility could safely provide. The notice documented that R1 required two caregivers and a Hoyer lift for transfers, had severe weaknesses, could not turn or reposition independently, and was at risk of falling or sliding from the lift. The notice also documented difficulty with personal care and administration of eye drops.
The notice further documented concerns regarding the POA’s lack of cooperation, including failure to provide updated medical documents and physician information and difficulty communicating with facility staff. The notice included resident rights, complaint information, and relocation resources. An addendum to the 30-day Notice, dated November 13, 2025, continued to document the facility’s concerns regarding R1’s care needs and the POA’s reported lack of cooperation.
Email correspondence between Lucia and the Department, dated January 22, 2026, showed that the POA voluntarily removed R1 from the facility. There is no evidence that the facility physically removed R1.
Based on the reviewed records, the facility documented R1’s increased care needs and stated that a reappraisal had been conducted before the eviction process. Although LPA Hayes later raised concerns regarding the initial eviction notice, the available evidence does not establish that the facility failed to conduct a reappraisal or that the facility unlawfully removed R1. The evidence shows that R1 was voluntarily removed by the POA.
The allegation of illegal eviction is UNSUBSTANTIATED. The evidence does not establish that the facility unlawfully evicted R1. The facility documented R1’s increased care needs, reported completion of a reappraisal, provided eviction-related rights and resources, and R1 was ultimately voluntarily removed by the POA.
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