Wednesday, December 6, 2017

California Law, Amended in 2017, Sets Process for Contesting Transfer Decisions in Continuing Care Communities

Following my recent post about "evictions" in Continuing Care and Life Plan Communities, Margaret Griffin, the president of the California Continuing Care Residents Association (CALCRA) provided me with a copy of legislation that was signed into law by the Governor in October this year, amending California law on Continuing Care Retirement Community (CCRC) contracts.  This history is another window on how to handle involuntary transfers of residents.  California's law already provided detailed topics that must be addressed in admission contracts.  The newest provision requires greater sharing of any reasons for an involuntary transfer.  For "disputed" transfers the law now mandates that the provider:

"... shall provide documentation of the resident's medical records, other documents showing the resident's current mental and physical function, the prognosis, and the expected duration of relevant conditions, if applicable. The documentation shall include an explanation of how the criteria [supporting the involuntary transfer decision] are met.  The provider shall make copies of the completed report to share with the resident and the resident's responsible person. "

Further, the amended law provides that even though the CCRC has the right -- under certain conditions -- to transfer the resident, the resident may "dispute" the decision and have the reasons reviewed in a timely manner by the "Continuing Care Contracts Branch of the State Department of Social Services" in California.  That office has statutory authority to determine whether the facility has followed its own contractual basis and process for transfers, and "whether the transfer is appropriate and necessary."  

Ms. Griffin explains that the law "basically . . . requires an assessment be done to establish a functional reason for the transfer (as opposed to merely having the administrator’s whim be sufficient), and it allows the resident to appeal the actual decision (previously we were limited to requesting a review of the process)."

Thank you, Margaret, both for sharing the latest information on CALCRA's successful advocacy with California Assembly Bill 713, and for your additional commentary.  

http://lawprofessors.typepad.com/elder_law/2017/12/california-law-amended-in-2017-sets-process-for-contesting-transfer-decisions-in-continuing-care.html

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