California Assembly Bill AB1751 Introduced / Bill

 BILL NUMBER: AB 1751INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bloom FEBRUARY 14, 2014 An act to amend Section 1771.8 of the Health and Safety Code, relating to continuing care. LEGISLATIVE COUNSEL'S DIGEST AB 1751, as introduced, Bloom. Continuing care retirement communities. (1) Existing law provides for the regulation by the State Department of Social Services of activities relating to continuing care contracts that govern care provided to an elderly resident in a continuing care retirement community for the duration of the resident' s life or a term in excess of one year. Existing law declares the Legislature's finding that the residents of continuing care retirement communities have a unique and valuable perspective on the operations of, and services provided in, the community in which they live and should have input into decisions made by the provider. Existing law requires every continuing care retirement community provider to make available to the resident association or its governing body, or if neither exists, to a committee of residents, a financial statement of activities for that facility comparing actual costs to budgeted costs broken down by expense category, not less than semiannually. Existing law also requires a provider to provide a copy of the annual report at a central and conspicuous location in the community. A violation of these provisions is punishable as a misdemeanor. This bill would instead require the financial statement to be provided not less than quarterly, and would require it to include a written explanation of all significant budget variances. This bill would additionally require a provider, who has entered into certain contracts, to make a copy of the annual report available on its Internet Web site. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law requires the governing body of a provider to accept at least one resident of the continuing care retirement community it operates to participate as a nonvoting resident representative to the governing body or one in 3 of its communities. This bill would additionally require the governing board to accept at least 3 residents of the continuing care retirement community it operates or a number of residents equal to 25% of the members of the provider's governing board, whichever is greater, to participate as voting members of the provider's governing body, and would make other technical and conforming changes. (3) Existing law authorizes the governing body to exclude resident representatives from its executive sessions and from receiving certain information. This bill would delete those provisions. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1771.8 of the Health and Safety Code is amended to read: 1771.8. (a) The Legislature finds and declares all of the following: (1) The residents of continuing care retirement communities have a unique and valuable perspective on the operations  of   of,  and services provided  in   in,  the community in which they live. (2) Resident input into decisions made by the provider is an important factor in creating an environment of cooperation, reducing conflict, and ensuring timely response and resolution to issues that may arise. (3) Continuing care retirement communities are strengthened when residents know that their views are heard and respected. (b) The Legislature encourages continuing care retirement communities to exceed the minimum resident participation requirements established by this section by, among other things, the following: (1) Encouraging residents to form a resident association, and assisting the residents, the resident association, and its governing body to keep informed about the operation of the continuing care retirement community. (2) Encouraging residents of a continuing care retirement community or their elected representatives to select residents to participate as  board  members of the governing body of the provider. (3) Quickly and fairly resolving any dispute, claim, or grievance arising between a resident and the continuing care retirement community. (c) The governing body of a provider, or the designated representative of the provider, shall hold, at a minimum, semiannual meetings with the residents of the continuing care retirement community, or the resident association or its governing body, for the purpose of the free discussion of subjects including, but not limited to, income, expenditures, and financial trends and issues as they apply to the continuing care retirement community and proposed changes in policies, programs, and services.  Nothing in this   This  section  precludes   does not preclude  a provider from taking action or making a decision at any time, without regard to the meetings required under this subdivision. (d) At least 30 days prior to the implementation of  any   an  increase in the monthly care fee, the designated representative of the provider shall convene a meeting, to which all residents shall be invited, for the purpose of discussing the reasons for the increase, the basis for determining the amount of the increase, and the data used for calculating the increase. This meeting may coincide with the semiannual meetings  provided for   required  in subdivision (c). At least 14 days prior to the meeting to discuss  any   an  increase in the monthly care fee, the provider shall make available to each resident or resident household comparative data showing the budget for the upcoming year, the current year's budget, and actual and projected expenses for the current year, and a copy shall be posted in a conspicuous location at each facility. (e) The governing body of a provider or the designated representative of the provider shall provide residents with at least 14 days' advance notice of each meeting provided for in subdivisions (c) and (d), and shall permit residents attending the meeting to present issues orally and in writing. The governing body of a provider or the designated representative of the provider shall post the notice of, and the agenda for, the meeting in a conspicuous place in the continuing care retirement community at least 14 days prior to the meeting. The governing body of a provider or the designated representative of the provider shall make available to residents of the continuing care retirement community upon request the agenda and accompanying materials at least seven days prior to the meeting. (f)  Each   A  provider shall make available to the resident association or its governing body, or if neither exists, to a committee of residents, a financial statement of activities for that facility comparing actual costs to budgeted costs broken down by expense category, not less than  semiannually,   q   uarterly, with a written explanation of all significant budget variances,  and shall consult with the resident association or its governing body, or, if neither exists, with a committee of residents, during the annual budget planning process. The effectiveness of consultations during the annual budget planning process shall be evaluated at a minimum every two years by the continuing care retirement community administration. The evaluation, including any policies adopted relating to cooperation with residents, shall be made available to the resident association or its governing body, or, if neither exists, to a committee of residents at least 14 days prior to the next semiannual meeting of residents and the provider's governing body provided for in subdivision (c), and a copy of the evaluation shall be posted in a conspicuous location at each facility. (g)  Each   A  provider shall, within 10 days after the annual report required pursuant to Section 1790 is submitted to the department, provide, at a central and conspicuous location in the community, a copy of the annual report, including the multifacility statement of activities  , and including   and  a copy of the annual audited financial statement, but excluding personal confidential information.  (h) A provider, who has entered into Type A contracts, shall, within 10 days after the annual report required pursuant to Section 1790 is submitted to the department, make available in a conspicuous location on the provider's Internet Web site, a copy of the annual report, including the multifacility statement of activities and a copy of the annual audited financial statement, but excluding confidential personal information.   (h) Each   (i)     A  provider shall maintain, as public information, available upon request to residents, prospective residents, and the public, minutes of the  board of director' s  meetings  held by the provider's governing body  and shall retain these records for at least three years from the date the records were filed or issued.  (i)   (j)  The governing body of a provider that is not part of a multifacility organization with more than one continuing care retirement community in the state shall accept  at   both of the following:   (1)     At  least one resident of the continuing care retirement community it operates to participate as a nonvoting resident representative to the provider's governing body.  (2) At least three residents of the continuing care retirement community it operates or a number of residents equal to 25 percent of the members of the provider's governing board, whichever is greater, to participate as voting members of the provider's governing body.   (j)   (k)  In a multifacility organization having more than one continuing care retirement community in the state, the governing body of the multifacility organization shall  elect   do both of the following:   (1)     Elect  either to have at least one nonvoting resident representative to the provider's governing body for each California-based continuing care retirement community the provider operates or to have a resident-elected committee composed of representatives of the residents of each California-based continuing care retirement community that the provider operates select or nominate at least one nonvoting resident representative to the provider's governing body for every three California-based continuing care retirement communities or fraction thereof that the provider operates. If a multifacility organization elects to have one representative for every three communities that the provider operates, the provider shall provide to the president of the residents association of each of the communities that do not have a resident representative, the same notice of  board  meetings,  board  packets, minutes, and other materials as the resident representative. At the reasonable discretion of the provider, information related to litigation, personnel, competitive advantage, or confidential information that is not appropriate to disclose, may be withheld.  (2) Elect to have at least three residents from any of the continuing care retirement communities it operates or a number of residents equal to 25 percent of the members of the provider's governing board, whichever is greater, to participate as voting members of the provider's governing body. If there are communities that do not have a resident from the community as a voting member of the provider's governing body, the provider shall provide to the president of the residents association of each of those communities, the same notice of meetings, packets, minutes, and other materials as the resident voting members. At the reasonable discretion of the provider, information related to litigation, personnel, competitive advantage, or confidential information that is not appropriate to disclose, may be withheld.   (k)   (l)  In order to encourage innovative and alternative models of resident involvement,  a resident   residents  selected pursuant to  subdivision (i)   subdivision (j) or (k)  to participate as a resident representative  or member  to the provider's governing body may, at the option of the resident association, be selected in any one of the following ways: (1) By a majority vote of the resident association of a provider or by a majority vote of a resident-elected committee of residents of a multifacility organization. (2) If no resident association exists, any resident may organize a meeting of the majority of the residents of the continuing care retirement community to select or nominate residents to represent them  before   on  the governing body. (3) Any other method designated by the resident association.  (l)   (m) The resident association, or organizing resident, or in the case of a multifacility organization, the resident-elected committee of residents, shall give residents of the continuing care retirement community at least 30 days' advance notice of the meeting to select a resident representative  and members  and shall post the notice in a conspicuous place at the continuing care retirement community.  (m)   (n)  (1)  Except as provided in subdivision (n), the  The  resident representative  and members  shall receive the same notice of  board  meetings,  board  packets, minutes, and other materials as  other  members  of the provider's governing body  and shall be permitted to attend, speak, and participate in all meetings of the  board   governing body  . (2) Resident representatives  and members  may share information from  board  meetings with other residents, unless the information is confidential or doing so would violate fiduciary duties to the provider.  In addition, a resident representative shall be permitted to attend meetings of the board committee or committees that review the annual budget of the facility or facilities and recommend increases in monthly care fees. The resident shall receive the same notice of committee meetings, information packets, minutes, and other materials as committee members, and shall be permitted to attend, speak at, and participate in, committee meetings.  Resident representatives  and members  shall perform their duties in good faith and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.  (n) Notwithstanding subdivision (m), the governing body may exclude resident representatives from its executive sessions and from receiving board materials to be discussed during executive session. However, resident representatives shall be included in executive sessions and shall receive all board materials to be discussed during executive sessions related to discussions of the annual budgets, increases in monthly care fees, indebtedness, and expansion of new and existing continuing care retirement communities.  (o) The provider shall pay all reasonable travel costs for  the  resident  representative.   representatives and members.  (p) The provider shall disclose in writing the extent of resident involvement with the board to prospective residents. (q)  Nothing in this section prohibits a   A  provider  is not prohibited  from exceeding the minimum resident participation requirements of this section by, for example, having more resident meetings or more resident representatives  or members  to the  board   provider's governing body  than required or by having one or more residents on the provider's governing body who are selected with the active involvement of residents.  (r) On or before April 1, 2003, the department shall do all of the following:   (1) Make recommendations to the Legislature as to whether any changes in current law regarding resident representation to the board is needed.   (2) Provide written guidelines available to residents and providers that address issues related to board participation, including rights and responsibilities, and that provide guidance on the extent to which resident representatives who are not voting members of the board have a duty of care, loyalty, and obedience to the provider and the extent to which providers can classify information as confidential and not subject to disclosure by resident representatives to other residents.  SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.