Section 1793.81 Of Article 9. Continuing Care Retirement Community Closures From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 9.
1793.81
. No less than 90 days prior to the permanent closure of the
continuing care retirement community facility, as defined in
paragraph (3) of subdivision (p) of Section 1771, the provider shall
provide to the department, the affected residents of the facility and
their designated representatives, and to the local long-term care
ombudsman program, a written closure and relocation plan. The plan
shall contain all of the following information:
(a) The number of affected residents at each level of care in the
continuing care retirement community facility.
(b) Assessment of unique service and care needs, if applicable,
for all of the following:
(1) Affected residents in skilled nursing and special care.
(2) Affected residents in assisted living units.
(3) Affected residents in the residential living units who require
assistance with three or more activities of daily living, and other
residents upon request.
(c) An explanation on how comparable care, if applicable, and
comparable replacement housing will be provided.
(d) A detailed description of the services the provider will
provide to residents to assist them in relocating, including, but not
limited to, reasonable costs of moving, storage, if applicable, and
transportation that shall be arranged by the provider in consultation
with the resident and his or her designated representative, and paid
for directly by the provider.
(e) The names and addresses of other continuing care retirement
communities operated by the provider and whether there are openings
available to the residents.
(f) The names and addresses of other continuing care retirement
communities within 30 miles of the closing continuing care retirement
community facility that provide comparable replacement housing and
care, if applicable, to those offered at the facility that is
scheduled for closure, and whether the facilities have immediate
openings available to residents of the closing facility.
(g) A description of how the facility will comply with the
requirements of Section 1793.82. The plan shall describe or identify
the replacement facility or facilities and the procedure by which a
resident can select a replacement facility. In no case shall the plan
for replacement housing require a resident to pay more than he or
she is presently paying for comparable housing and care, other than
normal rate increases. Any proposed monetary compensation shall be
fair and reasonable and shall represent the estimated cost to the
resident of securing comparable replacement housing and care under
terms similar to the contract between resident and provider.
(h) A statement regarding the availability of a licensed medical
or geriatric professional to advise the resident, the resident's
representative, and the provider regarding the transfer of the
resident. Upon request by the resident or the resident's
representative, the provider shall make available the services of a
licensed medical or geriatric professional to advise the resident,
the resident's representative, and the provider regarding the
transfer of the resident. The provider may place a reasonable limit
on the cost of the services of the medical or geriatric professional.