Legal Question in Elder Law in California

I have been living in a Residential Care Facility for the Elderly for 3 months. I paid for August before I moved in. I was overcharged for September. The employee responsible for billing printed out a statement, went over this statement with me, and immediately removed the charges that did not apply to me.

I was overcharged again for October. I did not find out until I saw a "pending" charge to my credit union account. It was too late to intercept the charge to my account, and I was unable to obtain an explanation, so I wrote a check for the correct amount and placed a stop payment for all future charges to my account by the RCFE.

Approximately a week later 2 employees I did not recognize came to my room at approximately 8:30 pm. One stood out in the hallway; the other asked me to sign an agreement. She said they had to get everyone's signature because the facility was being audited the following day. She showed me the last page, which contained a place for my signature and little else.

I asked to read the agreement. The first page was innocuous. The second page covered various activities of daily, none of which applied to me because I am classified as Independent Living. When I pointed this out, she replied that each item had "as needed" so it was okay to sign.

The third page had a section that covered what time I wanted them to wake me up, help me get dressed, and escort me to the dining room. They only do this for people in wheelchairs. I said the entire section should be crossed out. She said I had to sign the agreement without any changes, but I could refuse to sign. I refused to sign. She the nurse would come to see me the next day. The nurse has not been to see me.

For December I plan to write a check for the balance due after deducting the amount by which I was overcharged. Do they have to give me a statement? Should I report them to the California agency if they do not fix these errors?

Asked on 10/31/21, 9:21 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Yes and yes.

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Answered on 11/15/21, 10:38 am

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