Section 1793.5 Of Article 7. Offenses And Penalties From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 7.
1793.5
. (a) An entity that accepts deposits and proposes to promise
to provide care without having a current and valid permit to accept
deposits is guilty of a misdemeanor.
(b) An entity that accepts deposits and fails to place any deposit
received into an escrow account as required by this chapter is
guilty of a misdemeanor.
(c) An entity that executes a continuing care contract without
holding a current and valid provisional certificate of authority or
certificate of authority is guilty of a misdemeanor.
(d) An entity that abandons a continuing care retirement community
or its obligations under a continuing care contract is guilty of a
misdemeanor. An entity that violates this section shall be liable to
the injured resident for treble the amount of damages assessed in any
civil action brought by or on behalf of the resident in any court
having proper jurisdiction. The court may, in its discretion, award
all costs and attorney fees to the injured resident, if that resident
prevails in the action.
(e) Each violation of subdivision (a), (b), (c), or (d) is subject
to a fine not to exceed ten thousand dollars ($10,000), or by
imprisonment in the county jail for a period not to exceed one year,
or by both.
(f) An entity that issues, delivers, or publishes, or as manager
or officer or in any other administrative capacity, assists in the
issuance, delivery, or publication of any printed matter, oral
representation, or advertising material which does not comply with
the requirements of this chapter is guilty of a misdemeanor.
(g) A violation of subdivision (f) by an entity will constitute
cause for the suspension of all and any licenses, permits,
provisional certificates of authority, and certificates of authority
issued to that entity by any agency of the state.
(h) A violation under this section is an act of unfair competition
as defined in Section 17200 of the Business and Professions Code.