Section 1793.82 Of Article 9. Continuing Care Retirement Community Closures From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 9.
1793.82
. (a) In the case of a permanent closure, the provider shall
offer the resident the choice of the following four options, the
terms of which shall not be less than the terms of the continuing
care contract entered into between the resident and the provider as
if that contract had been fully performed:
(1) Relocation to another continuing care facility owned or
operated by the provider, if available.
(2) Relocation to a continuing care facility that is not owned by
the provider.
(3) Monetary compensation equal to the value of the remainder of
the contract as if the contract had been fully performed.
(4) An alternative arrangement that is mutually agreed upon by the
provider and the resident or his or her representative.
(b) Replacement housing offered pursuant to paragraph (1) or (2)
of subdivision (a) shall be housing that is, overall, comparable in
cost, size, services, features, and amenities to the unit being
vacated. If the resident chooses either of the replacement housing
options in paragraph (1) or (2) of subdivision (a), the provider
shall provide the reasonable costs of moving, storage, if applicable,
and transportation.
(c) Notwithstanding subdivision (a), for a resident under a life
care contract, the provider shall secure replacement housing and care
at a comparable facility for the resident at no additional cost to
the resident. The replacement housing and care shall comply with
subdivision (l) of Section 1771 and subdivision (b) of Section 1788.
(d) The provider may provide relocation pursuant to paragraph (2)
of subdivision (a) on a month-to-month basis, provided that the terms
are otherwise consistent with subdivision (a). After 120 days, a
resident selecting a facility not owned by the provider may not seek
monetary compensation pursuant to paragraph (3) of subdivision (a).