Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A
"Continuing Care Subdivision" is a subdivision described in Section 11004.5 of the
Code that includes all of the following:
(1) The
subdivision qualifies as housing for older persons pursuant to
42 USC
3607(b)(2)(c) and Section 51.3 of
the California Civil Code.
(2) The
subdivision offers or provides to its members continuing care services or assisted
living services as described in Section
1771 of
the Health and Safety Code.
(3) The
continuing care provider is a person or entity responsible for providing such
continuing care services or assisted living services.
(b) Notwithstanding the provisions of Sections
2792.17,
2792.18,
2792.19 and
2792.21, the governing instruments of a
continuing care subdivision may provide for the following:
(1) A quorum for an adjourned meeting of the
members of the Association as set forth in Section
2792.17(e)(2) of not
less than 15 percent of the total voting power of the Association.
(2) Two classes of membership as defined in
2792.18.
(A) The continuing care provider may be a
Class B member. Class B membership entitles the holder to not more than three votes
for each subdivision interest owned.
(B)
The continuing care provider or its successor may hold at least one Class B
membership for as long as the provider or successor provides continuing care
services or assisted living services for the subdivision.
(C) The governing instruments shall contain
provisions for the resolution of impasses or disputes between Class A and Class B
memberships.
(3) The election
by Class B membership of 20 percent of the members of the governing body of the
Association.
(4) The governing body of
the Association may enter into an agreement with a continuing care provider to
provide for members of the Association continuing care services or assisted living
services as described in Section 1771 of the Health and safety Code. Such agreements
shall ordinarily include at least the following provisions:
(A) A term of not more than five years with
automatic renewals for a two year period after expiration of the first term unless
the Association by the vote or written assent of a majority of the voting power
residing in members other than the subdivider or continuing care provider determines
not to renew the agreement and gives notice of that determination. Notice of a
determination not to renew shall be given not less than six months prior to
expiration of the first term or of a subsequent renewal.
(B) Termination for cause at any time by the
governing body.
(C) Review by the
governing body not less than every two years of the performance of the continuing
care provider.
(D) No agreement to
provide continuing care services or assisted living services shall be terminated
unless the governing body has entered into an agreement with another continuing care
provider so that there will be no lapse in services provided to
members.
(c) The
provisions of this section and Section
2792.21 do not apply to continuing care
services or assisted living services agreements between a continuing care provider
and individual members.
(d) If the State
Department of Social Services determines in writing that a conflict exists under
Section
1775 of
the Health and Safety Code, the Commissioner may vary some of the requirements of
the following regulations in order to remove such conflict: 2792.8, 2792.9, 2792.15,
2792.16, 2792.17, 2792.18, 2792.19, 2792.20, 2792.21, 2792.23, 2792.24, 2792.26,
2792.27 and 2792.28.
1. New section
filed 9-5-2003; operative 10-5-2003 (Register 2003, No.
36).
Note: Authority cited: Section
11001,
Business and Professions Code. Reference: Section
11018.5,
Business and Professions Code; and Section
1775,
Health and Safety Code.
