California 2017-2018 Regular Session

California Assembly Bill AB853

Introduced
2/16/17  
Introduced
2/16/17  
Refer
3/23/17  
Report Pass
3/29/17  
Report Pass
3/29/17  
Refer
3/30/17  
Report Pass
4/17/17  
Refer
4/18/17  
Failed
2/1/18  

Caption

Continuing care retirement communities.

Impact

The legislation introduces significant changes to the permit process for construction in continuing care retirement communities. It specifies that construction does not include community care facilities or buildings providing non-residential services, thereby streamlining regulatory burdens. By requiring applicants to demonstrate economic viability and available financing for new phases before construction begins, the bill aims to ensure financial stability for developers and safeguard the interests of future residents. This approach emphasizes the importance of maintaining sufficient liquid reserves, including the use of surety bonds, to enhance the financial security of these providers.

Summary

Assembly Bill No. 853, introduced by Assembly Member Choi, focuses on improving the regulatory framework surrounding continuing care retirement communities in California. The bill amends several sections of the Health and Safety Code to enhance the definitions and requirements related to continuing care contracts. Notably, it expands the definition of a repayable contract, allowing for the repayment of an entrance fee conditioned upon the reoccupancy or resale of the next available unit, rather than solely the unit previously occupied by the resident. This change aims to provide clearer expectations for residents and support the financial structure of these communities.

Sentiment

The sentiment surrounding AB 853 appears largely positive among supporters who argue that the revisions will make retirement communities more secure and financially viable. Stakeholders in the senior care sector have expressed approval for the changes, viewing them as a proactive measure to help meet the growing demand for senior housing options. However, some concerns may arise regarding the balance between regulations and the operational flexibility of retirement communities, suggesting a cautious approach is necessary to ensure that these facilities can function effectively while complying with new requirements.

Contention

Despite the overarching support for the bill, there are notable points of contention among critics who fear that certain regulatory changes may complicate existing contracts or deter new developments if not implemented carefully. The expanded definitions and new stipulations regarding escrow accounts and construction requirements could pose challenges for some providers who may struggle to meet the new financial stipulations outlined in the legislation. As such, ongoing dialogue between lawmakers, the senior community, and service providers will be critical to address emerging concerns and ensure the effective implementation of the bill.

Companion Bills

No companion bills found.

Similar Bills

CA AB2033

Continuing care contracts: repayable contracts.

CT HB06339

An Act Concerning Banks, Loan Production Offices, Exchange Facilitators, Public Deposits And Real Property Tax Liens.

AZ HB2048

Sales of securities; definition

CT SB01033

An Act Concerning Various Revisions To The Banking Statutes.

NC S145

Continuing Care Retirement Communities Act.-AB

NC H170

Continuing Care Retirement Communities Act.-AB

KY SB376

AN ACT relating to reorganization of the Department of Law and declaring an emergency.

NC H719

Continuing Care Retirement Communities Act.-AB