Continuing care retirement facilities: transfers of residents.

Existing law requires a continuing care retirement facility, as defined, to possess a certificate of authority issued by the State Department of Social Services before it can enter into a continuing care contract, as defined, with a resident. Existing law requires that a continuing care contract be in writing and contain specified information. Existing law authorizes a continuing care retirement community to transfer a resident under certain circumstances, including when the resident develops a physical or mental condition that endangers the health, safety, or well-being of the resident or another person. Prior to any transfer under those provisions, existing law requires the continuing care retirement community to satisfy certain requirements, including, but not limited to, involving the resident and the resident's responsible person in the assessment process that forms the basis for the transfer and providing an explanation of the assessment process. If assessment tools are used in making that determination, existing law authorizes the resident or resident's responsible person to request copies of the completed assessment. Existing law authorizes the resident or the resident's responsible person to dispute a transfer decision, and existing law requires a timely review of transfer disputes by the Continuing Care Contracts Branch of the department, as prescribed. Existing law requires any transfer decision of the branch of the department to be in writing. The bill would authorize a continuing care retirement community to transfer a resident if he or she develops a physical or mental condition that is detrimental to the health, safety, or well-being of the resident or another person, without being a danger. With regard to the assessment process, this bill would require a continuing care retirement community to use specified assessment tools during that process, and would require that a provider share copies of the completed assessment with the resident or the resident's responsible person. For disputed transfer decisions, the bill would require the provider to provide documentation of the resident's medical reports, other documents showing the resident's current mental and physical function, the prognosis, and the expected duration of relevant conditions, if applicable, and to make copies of the report to share with the resident or the resident's responsible person. In a transfer dispute, the bill would require the branch of the department to provide a description of the steps a provider took and the factors a provider considered in deciding to transfer a resident, as prescribed. The bill would require the branch of the department, in its decision, to also specify whether the transfer is appropriate and necessary.