SECTIONS 1793.90-1793.91 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1793.90-1793.91

1793.90. (a) All providers shall include in resident contracts the
procedures to be followed to ensure that residential temporary
relocations provide comparable levels of care, services, and living
accommodations as described in the resident's contract.
(b) The provider shall notify the resident of the impending
relocation at least 60 days in advance of the relocation.
(c) The provider shall meet with the resident and, at the resident'
s request, family members or other individuals, at least 30 days in
advance of the transfer to discuss all aspects of the transfer,
including, but not limited to, the rights, requirements, and
procedures set forth in this article. Notice of this meeting shall be
provided in writing and at least seven days in advance of the
meeting and shall include all of the following information:
(1) The date of the transfer.
(2) The available replacement unit or units and monthly fees.
(3) The time when the resident will be able to inspect the
replacement unit or units.
(4) The estimated date when the resident will be able to return to
his or her unit or may move to a substitute permanent unit.
(d) If accommodations are not available at a continuing care
retirement community operated by the provider within a 30-mile
radius, the provider shall be required to provide a unit in a
facility, agreed to by the resident, that most closely provides the
services, size, features, and amenities provided in the unit being
vacated.
(e) The provider shall be required to arrange and pay for all
moving costs to the new facility and moving costs to the
reconstructed facility, if the resident returns, as well as storage
costs.
(f) The resident shall only be required to pay to the provider the
monthly fee required in the resident's contract, or the monthly fee
in the new facility, whichever is less. The provider shall be
required to make payment to the facility at which the resident is
relocated.
(g) 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 relocation of the
resident. The provider may place a reasonable limit on the cost of
the services of the medical or geriatric professional.
(h) The provider shall identify unique service and care needs, if
applicable, for a resident directly affected by the residential
temporary relocation. The unique services and care needs identified
shall be in writing and shall become a part of the resident's plan of
care.

1793.91. The provider shall set forth specific procedures for the
resident to follow regarding relocation to the unit originally
vacated, the selection of a new unit, and timeframes for making
choices. Procedures for returning the relocated resident when
residential units will be ready for occupancy shall include all of
the following:
(a) The provider shall provide the resident at least 60 days
notice of the return to his or her unit or a substitute permanent
unit, and subsequent notices 30 days and seven days prior to the
return date.
(b) The resident shall have the right to return to his or her
previously occupied unit or a unit comparable in services, size,
features, and amenities to the unit originally vacated, without
payment of any further entrance or accommodation fee. The provider is
not required to guarantee a specific unit. Assignment of units shall
be based upon the length of occupancy of returning residents.
(c) If the residential temporary relocation of a resident of a
continuing care retirement community will exceed 18 months, the
resident shall have all options allowed by Section 1793.82, unless
there is a written agreement between the affected resident and the
provider as described in subdivision (d).
(d) If a provider determines that the period of residential
temporary relocation, as defined in paragraph (8) of subdivision (r)
of Section 1771, will exceed 18 months, the provider may extend the
period of residential temporary relocation for up to six months for
an affected resident if that resident has agreed to the extension in
writing. The written agreement shall state that by signing, the
resident waives all rights to relocation options offered in Section
1793.82 for the period of the extension.