Continuing care contracts: residential temporary relocation.

Existing law contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents' independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions. This bill would define the term "residential temporary relocation" to mean the relocation of one or more residents, except in the case of a natural disaster that is out of the provider's control, from one or more residential living units, assisted living units, skilled nursing units, or a wing, floor, or entire continuing care retirement community building, due to a change of use or major repairs or renovations. The bill would limit residential temporary relocation to a period of at least 9 months but not to exceed 18 months without the written agreement of the resident. This bill would require continuing care contracts to state that the resident has a right to terminate his or her contract after 18 months of residential temporary relocation, as defined, and set forth provisions for refunds due to cancellation for this reason. This bill would require providers to include in resident contracts the procedures to be followed to ensure that residential temporary relocations provide comparable levels of care, service, and living accommodations. The bill would also specify procedures to be taken for residential temporary relocation, return to the unit vacated, and the extension of residential temporary relocation. Because this bill would change the definition of a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.