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California Law (Last Updated: March 4, 2014) |
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Health and Safety Code - HSC |
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Division 2. LICENSING PROVISIONS |
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Chapter 10. Continuing Care Contracts |
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ARTICLE 9. Continuing Care Retirement Community Closures |
Section 1793.81.
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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.