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NaCCRA Forum: General

The PA law 1984 Continuing-Care Provider Registrat...
Linda Kilcrease

Does anyone have any input on this law? Link below. I recall someone saying it is full of loopholes and is for the providers, letting them do whatever they want. Without rights or protections of residents. I imagine the lobbyists were out in force to water down this law. I know our Resident Agreement, which easy English to read, has clauses that give the provider an out for anything. There is even a clause saying if there is no bed available in healthcare, the provider can send you anywhere without any detail what that really means. As they say, if it is not in the contract, it does not exist.


https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=1984&sessInd=0&act=82



Linda Kilcrease

Resident of a CCRC

Mary Fran Sweeney

All -

Does anyone know how many states have a CCRC Type A/Life Care Bill of Rights? I know so far that the following

4 states do: PA, IL, MD, VA.

Many thanks!


Fran Sweeney

Linda Kilcrease

Fran, PA has a state bill of rights ONLY for those in assisted living - not independent living.


Linda Kilcrease

Resident of a CCRC

Dolores Szyszko

Some years ago, CT passed the long-term care Bill of Rights. This law was strengthened in June 2021 by "An act strengthening the Bill of Rights..." See Connecticut SB975, Public Act No. 21-55.

Dolores Szyszko

Linda Kilcrease

Delores. Again, this appears to not be for those in Independent Living. It is only for the following: "There is established a patients' bill of rights for any person admitted as a patient to any nursing home facility, residential care home or chronic disease hospital. ".


Linda Kilcrease

Resident of a CCRC

Dolores Szyszko

First look for CT Substitute House Bill No. 5358Public Act No. 15-115, AN ACT ESTABLISHING A BILL OF RIGHTS FOR RESIDENTS OF CONTINUING-CARE RETIREMENT COMMUNITIES, effective Oct 2015.


Then Connecticut SB975, AN ACT STRENGTHENING THE BILLS OF RIGHTS FOR LONG-TERM CARE RESIDENTS AND AUTHORIZING THE USE OF RESIDENT TECHNOLOGY FOR VIRTUAL VISITATION AND VIRTUAL MONITORING. The summary of this is “To affirm that residents of long-term care facilities have the right to treat their living quarters as their homes and have the same rights as all other state residents, including the right to use technology of their choice for purposes, including, but not limited to, virtual visitation and file grievances for violations of their rights.”


You might find this attorney's review of use also.

Barry Peters

Dear Linda,


I’m a member of NaCCRA and I’ve appreciated your well-informed and insightful comments about legislation protecting the rights of residents.


I’m a retired attorney and I chair the Finance Committee at our Type C nonprofit CCRC (Wind Crest), in Colorado. I’d like to embark on a long-term project to try to enact legislation in Colorado that would provide further rights and protections for CCRC residents.


Do you know if there are any other examples of similar projects underway in any of the States, or which states currently have the best models for statutes providing rights and protections for residents?


I’d be grateful for any suggestions.


Sincerely,

Barry Peters

Chair, Finance Committee

Wind Crest Senior Living Community

206-963-7701

William Samuel

In Maryland, our affiliate MaCCRA has a contract with a lobbying firm which works with both the Administration and the General Assembly to enact laws and regulations which protect CCRC residents.


Bill Samuel, Ingleside at King Farm, Rockville, Maryland

Frederick Kutz

I am a resident at The Residences at Vantage Point (RVP), a CCRC in Columbia, MD. In MD, the MD Department of Health (Office of Health Care Quality) is the agency charged with monitoring the quality of care within health care facilities (comprehensive nursing care, assisted living and memory care), while the Department of Aging has responsibilities for residents in independent living. The regulations addressing the rights of independent-living residents are contained within at least 16 different State statutes. The Statutes are of course written in legalese and for most of us are difficult to understand. We have suggested to our State MaCCRA that a synopsis of these regulations in plain English would be desirable. The NaCCRA website does contain a model bill of rights. We know of at least seven other state that have enacted legislation focusing on these issues.


We have a group here at RVP working on developing a stronger and more understandable bill of rights. We anticipate that in January there will be a bill introduced in the 2024 MD General Assembly that will st least partially address these issues. The propose legislation contains improvements in the regulations for return of entry fees, grievance procedures and resident representation on Corporate Board of Directors and like bodies.


Frederick W. (Rick) Kutz, Ph.D.

5400 Vantage Point Road, Apt. 113

Columbia, MD 21044

443-878-4141



R. Gerard Hyland

You might consider, “The 2023 edition of the Seniors Housing State Regulatory Handbook, a collaborative effort between the American Seniors Housing Association (ASHA) and Leading Age has just been released and features easy-to-use matrices of key state licensure and regulatory requirements in all 50 states and the District of Columbia for assisted living residences and CCRCs. State-by-state comparisons are made easy by using this annually revised report. Updated state agency contact information for assisted living and CCRCs is also provided in this publication.” 

See https://www.ashaliving.org/product/seniors-housing-state-regulatory-handbook-2023/


Gerard Hyland

NaCCRA Past President Elect



Linda Kilcrease

Gerard - I see this book at their website. In ordering they ask if you have a coupon. Do you know how I might get one for some discount?


“The 2023 edition of the Seniors Housing State Regulatory Handbook


Linda Kilcrease

Resident of a CCRC

R. Gerard Hyland

Linda,


No, I do not know how you might obtain a coupon.


Gerard

Susan Farkas

Gerard, if you happen to have the Handbook, could post the TOC? Thanks.

Susan Farkas

If someone can tell me how to attach a file, I got the TOC - if anyone cares for it. I am trying to understand how this handbook would be helpful.

Susan Farkas

TOC


Linda Kilcrease

With the TOC, you still can't tell what the content is. For CCRC's, is it just a table with a law #, or is there an overview and discussion with that?


I emailed the company for another for their books that said there was a fixed number of communities participating. I asked for a list to see if any community I was interested in was included. The response is they cannot provide that as the info printed in the book is an aggregate. Not sure if you can get to someone for better information, and it is during the holiday time.


Linda Kilcrease

Resident of a CCRC

Susan Farkas

Thanks and Happy New Year!


I will try next week to see if I can get more info.

Sally Eller

Quoted Text

I am a resident at The Residences at Vantage Point (RVP), a CCRC in Columbia, MD. In MD, the MD Department of Health (Office of Health Care Quality) is the agency charged with monitoring the quality of care within health care facilities (comprehensive nursing care, assisted living and memory care), while the Department of Aging has responsibilities for residents in independent living. The regulations addressing the rights of independent-living residents are contained within at least 16 different State statutes. The Statutes are of course written in legalese and for most of us are difficult to understand. We have suggested to our State MaCCRA that a synopsis of these regulations in plain English would be desirable. The NaCCRA website does contain a model bill of rights. We know of at least seven other state that have enacted legislation focusing on these issues.


We have a group here at RVP working on developing a stronger and more understandable bill of rights. We anticipate that in January there will be a bill introduced in the 2024 MD General Assembly that will st least partially address these issues. The propose legislation contains improvements in the regulations for return of entry fees, grievance procedures and resident representation on Corporate Board of Directors and like bodies.


Frederick W. (Rick) Kutz, Ph.D.

5400 Vantage Point Road, Apt. 113

Columbia, MD 21044

443-878-4141



I am a resident of Friends House Retirement Community, Inc in Sandy Spring Maryland. FHRC is a Type C, CCRC. Several residents here are interested in learning more about the pending legislation in the MD House of Delegates that was mentioned in the above quote. I am a member of the State MaCCRA but I am not clear how/where to contact them. Our Resident Association is not a member of MaCCRC. I do have a contact who is very familiar with the law firm (lobby group?) that is furthering this legislative effort. We would like to join the efforts to clarify the efforts regarding the regulations addressing the rights of independent-living residents .

So, how do I contact MaCCRC, and how can I become involved in the efforts at the MD legislature as mentioned above?

In the meantime, I will find out more about why our Resident Association is not a chapter member of MaCCRC.


Sally Eller

Friends House Retirement Community

607-351-5954



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