Section 1787 Of Article 5. Contract From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 5.
1787
. (a) All continuing care contracts shall be in writing and
shall contain all the information required by Section 1788.
(b) All continuing care contract forms, including all addenda,
exhibits, and any other related documents, incorporated therein, as
well as any modification to these items, shall be approved by the
department prior to their use.
(c) The department shall approve continuing care contract forms
that comply with this chapter. The requirements of this chapter and
Chapter 3.2 (commencing with Section 1569) shall be the bases for
approval by the department. To the extent that this chapter conflicts
with Chapter 3.2 (commencing with Section 1569), this chapter shall
prevail.
(d) A continuing care contract approved by the department shall
constitute the full and complete agreement between the parties.
(e) More than one continuing care contract form may be used by a
provider if multiple program options are available.
(f) All text in continuing care contract forms shall be printed in
at least 10-point typeface.
(g) A clearly legible copy of the continuing care contract,
executed by each provider named on the provisional certificate of
authority or the certificate of authority, the resident, and any
transferor, shall be furnished with all required or included
attachments to the resident at the time the continuing care contract
is executed. A copy shall also be furnished within 10 calendar days
to any transferor who is not a resident.
(h) The provider shall require a written acknowledgment from the
resident (and any transferor who is not a resident) that the executed
copy of the continuing care contract and attachments have been
received.
(i) The continuing care contract shall be an admissions agreement
for purposes of the residential care facility for the elderly and
long-term health care facility requirements and shall state the
resident's entitlement to receive these levels of care. The
continuing care contract may state the entitlement for skilled
nursing care in accordance with the provisions of law governing
admissions to long-term health care facilities in effect at the time
of admission to the skilled nursing facility. The parties may agree
to the terms of nursing facility admission at the time the continuing
care contract is executed, or the provider may present an exemplar
of the then-current nursing facility admission agreement and require
the resident to execute the form of agreement in effect at the time
of admission to the nursing facility. The terms shall include the
nursing fee, or the method of determining the fee, at the time of the
execution of the continuing care contract, the services included in
and excluded from the fee, the grounds for transfers and discharges,
and any other terms required to be included under applicable law.
(j) Only the skilled nursing admission agreement sections of
continuing care contracts which cover long-term health care facility
services are subject to Chapter 3.95 (commencing with Section
1599.60). The provider shall use a skilled nursing admission nursing
agreement that complies with the requirements of Chapter 3.95
(commencing with Section 1599.85).