BILL ANALYSIS
AB 1433
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1433 (Eng and Beall)
As Amended June 30, 2010
Majority vote
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|ASSEMBLY: |68-0 |(January 27, |SENATE: |35-0 |(August 12, |
| | |2010) | | |2010) |
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Original Committee Reference: HUM. S.
SUMMARY : Defines "residential temporary relocation" in the
context of continuing care contracts of residents who live in
continuing care retirement communities (CCRCs), and establishes
related rights, requirements, and procedures.
The Senate amendments :
1)Require all providers to include in resident contracts the
procedures to be followed to ensure that residential temporary
relocations provide comparable levels of care, services, and
living accommodations as described in the resident's contract.
2)Require a provider to notify the resident of the impending
relocation at least 60 days in advance of the relocation, and
require a provider to meet with the resident and, at the
resident's request, family members or other individuals at
least 30 days in advance of the transfer to discuss all
aspects of the transfer, including but not limited to, the
rights, requirements, and procedures required by this bill.
Require notice of this meeting to be provided in writing and
at least seven days in advance of the meeting and to include
the date of the transfer; the available replacement unit or
units and monthly fees; the time when the resident will be
able to inspect the replacement unit or units; and the
estimated date when the resident will be able to return to his
or her unit or may move to a substitute permanent unit.
3)Require a provider to provide a unit in a facility, agreed to
by the resident, that most closely provides the services,
size, features, and amenities provided in the unit being
vacated, if accommodations are not available at a CCRC
operated by the provider within a 30-mile radius.
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4)Require the provider to arrange and pay for all moving costs
to the new facility and moving costs to the reconstructed
facility, if the resident returns, as well as storage costs.
5)Provide that the resident shall only be required to pay to the
provider the monthly fee required in the resident's contract,
or the monthly fee in the new facility, whichever is less.
Require the provider to make payment to the facility at which
the resident is relocated.
6)Require the provider to make available the services of a
licensed medical or geriatric professional to advise the
resident, the resident's representative, and the provider
regarding the relocation of the resident, upon request by the
resident or the resident's representative. Allow a provider
to place a reasonable limit on the cost of the services of the
medical or geriatric professional.
7)Require the provider to identify unique service and care
needs, if applicable, for a resident directly affected by the
residential temporary relocation. Require the unique services
and care needs identified to be in writing and become a part
of the resident's plan of care.
8)Require the provider to set forth specific procedures for the
resident to follow regarding relocation to the unit originally
vacated, the selection of a new unit, and timeframes for
making choices. Require specified procedures for returning
the relocated resident when residential units are ready for
occupancy, including compliance with notice requirements, and
selection and characteristics of units.
9)Provide that if the residential temporary relocation of a
resident of a continuing care retirement community will exceed
18 months, the resident shall have all options that are
available in the case of permanent closure, unless there is a
written agreement between the affected resident and the
provider that the provider may extend the period of
residential temporary closure for up to six months.
EXISTING LAW :
1)Provides for the regulation by the Department of Social
Services of activities relating to continuing care contracts
that govern care provided to elderly residents in CCRCs for
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the duration of the resident's life or a term in excess of one
year.
2)Defines "permanent closure" of a CCRC as the voluntary or
involuntary termination or forfeiture of a provider's
certificate of authority or license or other action that
results in the permanent relocation of residents, except in
the case of a natural disaster or other event out of the
provider's control.
3)Provides for notice to residents of a "permanent closure" of a
CCRC and regulates the permanent closure of CCRCs.
AS PASSED BY THE ASSEMBLY , this bill defined residential
temporary relocation of CCRC residents and required continuing
care contracts to state the right of CCRC residents to terminate
the contract after 18 months of a temporary relocation.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : A CCRC is a community where services promised in a
continuing care contract are provided. CCRCs can be
apartment-type dwellings, high-rise buildings, a subdivision
setting, or any other housing design. Most CCRCs have three
levels of care: 1) indpendent living; 2) assisted living; and,
3) skilled nursing care. As a resident's needs increase, he or
she moves to a higher level of care within the facility.
A prior bill, AB 407 (Beall and Eng), Chapter 442, Statutes of
2009, established requirements for the permanent closure of a
CCRC. Prior to AB 407, while the law regulated the
establishment and operation of CCRCs, there were minimal
regulations governing what happens when a facility must close.
This bill establishes guidelines for continuing care contracts
and for protecting CCRC residents' rights during a remodel,
renovation, or rebuilding of a CCRC or part of a CCRC that will
temporarily displace residents. As passed by the Assembly, this
bill required that continuing care contracts provide that a
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resident has the right to terminate his or her contract if a
residential temporary relocation exceeds 18 months, and further
provided that the contract provide for the refund of monthly and
entrance fees if the contract is terminated. The Senate
amendments provide additional detail on the rights,
requirements, and procedures associated with residential
temporary relocations of CCRC residents and are consistent with
the Assembly-approved provisions of this bill.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0005396