AB 713 (Chu) –CCRC Level of Care Transfer Disputes

Under current California law, Continuing Care Retirement Community (CCRC) providers follow a list of statutory requirements and standards to initiate a resident’s level of care transfer. This includes an analysis of the necessity and appropriateness of the transfer, taking into consideration the resident’s physical and mental condition. Residents who dispute a CCRC’s transfer decision may prompt a review by the Continuing Care Contracts Branch of the Department.  However, when analyzing the appropriateness and necessity of the transfer, the Department only reviews whether or not the provider accurately followed the transfer procedure, dotted the “i’s” and crossed the “t’s”; they do not consider whether or not the resident’s physical or cognitive condition warrants a transfer.

AB 713 would require the Department, when reviewing a resident disputed transfer, to consider the appropriateness and necessity of the transfer, including the physical, cognitive, mental and emotional functional abilities of the resident, and an explanation of the assessment as conducted by the provider. This bill would also require the provider to use an assessment tool in determining the appropriateness of the transfer and share the assessment with the resident.

AB 713 is sponsored by the California Continuing Care Residents Association (CALCRA) and the Consumer Federation of California. To support this important bill, email your letter of support to the Office of Assemblymember Kansen Chu at annie.pham@asm.ca.gov