BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 475


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          SENATE THIRD READING


          SB  
          475 (Monning)


          As Amended  September 4, 2015


          Majority vote


          SENATE VOTE:  31-4


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Human Services  |5-2  |Chu, Calderon, Lopez,  |Mayes, Maienschein   |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Mark Stone, Thurmond   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Aging           |5-2  |Brown, Gipson, Gray,   |Hadley, Mathis       |
          |                |     |Levine, Lopez          |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |12-5 |Gomez, Bloom, Bonta,   |Bigelow, Chang,      |
          |                |     |Calderon, Gordon,      |Gallagher, Jones,    |
          |                |     |Eggman,                |Wagner               |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Quirk, Rendon, |                     |








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          |                |     |Weber, Wood            |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
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          SUMMARY:  Imposes additional repayment and other requirements on  
          certain continuing care contracts once a unit has been vacated.   
          Specifically, this bill:  


          1)Prohibits a continuing care retirement community (CCRC)  
            provider from charging a resident or his or her descendants a  
            monthly fee once a unit has been permanently vacated by the  
            resident, unless the fee is part of an equity interest  
            contract.  Further requires a continuing care contract to  
            contain, among other things, a statement regarding this  
            prohibition.


          2)Requires a continuing care contract to contain the policy or  
            terms for repaying a lump sum of any portion of the entrance  
            fee, and further requires every continuing care contract that  
            provides for a refund or repaying a lump sum of all or part of  
            the entrance fee to, among other things, do the following:


             a)   State that the provider shall make a good faith effort  
               to reoccupy or resell a unit for which a lump-sum payment  
               is conditioned upon resale of the unit and, by July 1,  
               2016, notice current residents, as specified, regarding  
               this statement as clarification of the resident's existing  
               contract; and


             b)   State, for all contracts with a repayment of all or a  
               portion of the entrance fee conditioned upon the resale of  
               the unit, the average and longest amount of time that it  
               has taken to resell a unit within the last five calendar  








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               years.


          3)Requires, for contracts signed after January 1, 2016, if the  
            unit remains vacant for 120 days after the resident's  
            termination, a repayment of at least 10% of the full lump-sum  
            payment if termination is the result of a resident's death,  
            and 20% if termination occurs for any other reason.  Further  
            specifies that this repayment shall not cause the contract to  
            be deemed a refundable contract requiring a refund reserve, as  
            specified.


          4)Requires, for continuing care contracts entered into on or  
            after January 1, 2016, that any payment balance that has not  
            been paid to a resident within 180 days shall accrue simple  
            interest, to be compounded annually, at a rate of 4%.  Further  
            requires that any payment balance that has not been paid  
            within 240 days shall accrue simple interest, to be compounded  
            annually, at a rate of 6% and that interest shall continue to  
            accrue until the date the full lump-sum payment is paid to the  
            resident.


          5)Exempts, until January 1, 2017, projects in development prior  
            to January 1, 2016, for which contracts were entered into on  
            or before January 1, 2017, from certain requirements regarding  
            refunds, lump-sum charges and repayment, and interest  
            payments, as specified. 


          6)Clarifies that, after the death of a resident, repayment and  
            interest requirements apply to a lump-sum payment that is  
            conditioned upon the resale of a unit and that any payment and  
            interest shall be payable to the resident's estate.


          7)States that these repayment and other requirements shall not  
            be construed to limit or alter any legal remedies otherwise  








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            available to the resident or his or her estate.


          8)Establishes a process for a resident to file a complaint with  
            the Department of Social Services (DSS) if his or her unit has  
            not been resold for more than 12 months after the unit was  
            made available to the provider, as specified.  Further  
            establishes processes for residents and providers to request a  
            review of DSS's resulting determination and stipulates that if  
            a provider is found to not have made a sufficient good faith  
            effort to reoccupy or resell a unit, that provider shall repay  
            the full lump-sum payment due the resident within 20 business  
            days, as specified.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may contain minor and absorbable costs,  
          likely less than $50,000 (General Fund) per year to DSS to  
          investigate complaints.


          COMMENTS:  


          Continuing Care Retirement Communities:  CCRCs offer individuals  
          60 years or older a housing option that includes long-term care  
          services that are typically provided for the lifetime of the  
          resident.  CCRCs offer a long-term continuing care contract,  
          which is an agreement between a provider and a resident  
          promising that a range of services will be provided to the  
          resident at the CCRC (sometimes at an additional cost, depending  
          on the type of contract).  These services include housing,  
          residential services, and nursing care.


          Continuing care contracts can vary widely across CCRCs, with  
          differing provisions on costs, payment methods, services  
          provided, and other elements.  Continuing care contracts  
          typically require an individual to pay an entrance fee and  








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          monthly fees.  Entrance fees can range widely, typically from  
          $100,000 to $1 million, and monthly fees vary depending in part  
          on the level of services included in the contract.  CCRC  
          contracts are sometimes referred to by three "types":  Type A  
          contracts (also known as life care contracts), are the most  
          expensive and are all-inclusive agreements wherein all housing,  
          services and healthcare are covered by the entrance fee and  
          monthly fees; Type B contracts typically offer discounted  
          healthcare services for limited amounts of time, after which  
          services can be purchased; and Type C contracts offer the lowest  
          entrance and monthly fees, but require residents to be  
          responsible for paying for healthcare services at market rates. 


          Also, continuing care contracts may be refundable or  
          non-refundable.  Refundable contracts refund a portion of the  
          entrance fees, sometimes on a scale that decreases over time the  
          percentage of the entrance fee that is refunded.  These types of  
          contracts require a CCRC to maintain a reserve for refunds (in  
          addition to other reserves required for the operation of a  
          CCRC).  Alternatively, many CCRC providers choose instead to  
          offer a repayment of a designated portion of the entrance fee -  
          a "lump-sum payment" - that is conditioned upon resale of the  
          unit.  A reserve is not required in this case, as it is assumed  
          that the resale of the unit will result in the new resident's  
          entrance fee covering the cost of repaying a portion of the  
          former resident's entrance fee.  In California, there are  
          currently no requirements that resale and/or repayment of  
          entrance fees take place within a certain period of time.


          There are currently nearly 100 CCRCs in California, with over  
          20,000 units.  Roughly 65% of CCRC providers are non-profit.   
          The Community Care Licensing Division of DSS oversees CCRCs by:   
          a) ensuring that licensing laws and regulations are followed  
          (CCRCs are required to obtain a certificate of authority and an  
          RCFE license; they must also obtain a SNF license through the  
          Department of Public Health (DPH) if offering skilled nursing  
          services), and b) reviewing and approving CCRC applications and  








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          monitoring CCRCs' financial condition and their ability to  
          uphold their contractual obligations to residents.


          Need for this bill:  According to the author, "Under current  
          law, Continuing Care Retirement Community (CCRC) contracts that  
          base the repayment of a resident's entrance fee upon the resale  
          of the unit and not upon vacancy are unfair arrangements for  
          consumers and there is little incentive to resale those units in  
          a timely manner.  In many cases the CCRC provider is able to  
          take advantage of this type of contract, which can lead to  
          seniors or their estates experiencing significant delays in the  
          repayment of entrance fees.  For example, a CCRC in Pacific  
          Grove had not paid $530,600 to the estate of a resident who died  
          more than 3 years ago because the refund was conditioned upon  
          resale of the unit.  [This bill] levels the playing field for  
          the CCRC resident in a manner that will result in more timely  
          repayments and adds an incentive for a CCRC to resale a unit in  
          the form of interest on the unpaid remaining balance.  The  
          resident safeguards in the bill balance the need for steadfast  
          repayment while ensuring the CCRC can remain fiscally solvent so  
          the current residents are not adversely impacted."




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0002166


















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