Laws and Regulations
The regulation of Continuing Care Retirement Communities (CCRCs) is shared by the Continuing Care Contracts Section (CCCS) and the Adult and Senior Care Program [CCLD\ASCP] (ASCP), both under the Community Care Licensing Division (CCLD) of the California Department of Social Services. A CCRC provider holds a Residential Care Facility for the Elderly (RCFE) license issued by ASCP and a Certificate of Authority (COA) issued by CCCS.
CCCS assesses financial viability of applicants/providers to monitor their capacity to fulfill the long-term promises they make in their continuing care contracts to residents.CCCS enforces the Continuing Care Contract Statutes (Health and Safety Code, Section 1770 et seq.); evaluates new applicant’s and new projects’ financial feasibility; issues COAs to enter into continuing care contracts; assesses ongoing financial health of CCRC providers; reviews contracts; and confirms residents and prospective residents are afforded certain disclosures.
ASCP regulates adult and elderly care facilities to ensure licensees are properly providing for the health and safety of the residents.They inspect those facilities to enforce compliance with Title 22 Regulations (courtesy copy), the required level of care and supervision for residents, facilities’ condition, and licensees’ day-to-day operations.The ASCP issues RCFE licenses, investigates complaints, and issue citations.
Adult and Senior Care Program
The Senior Care Program issues licenses for Residential Care for the Elderly and monitors continuing care retirement communities to ensure compliance with the Title 22 Regulations pertaining to health and safety of residents, care and supervision, quality of service, physical plant, and day-to-day operations. The entire continuing care retirement community must be licensed as a Residential Care for the Elderly before a Certificate of Authority will be issued. Senior Care Program offices are located throughout the state. Senior Care staff conduct monitoring visits to continuing care retirement communities. Locate a Senior Care Program Office.
Continuing Care Contract Statutes (Health and Safety Code, Section 1770 et seq)
The Health and Safety Code is made up of nine articles pertaining to continuing care law. Those articles address: general provisions, application requirements, deposit period, certificate of authority, continuing care contracts, reporting and reserve requirements, actuarial study requirements, offenses and penalties, and appointment of administrators.Continuing Care Contract Statutes Health and Safety Code