As a smallish (approx 200 IL residents plus 48 Health Care beds for Mem Care, AL, and SNF) non-profit, single site CCRC built and owned by a regional hospital system, it started out as just equalized pricing Life Care, offering a choice between zero refund over a period of 4 years or 50% or 90% refund contracts. Over the years a fee-for-service contract option was added, but fee-for-service contracts did not have a refund option.
After 14 years, the hospital owner outsourced management to a senior living group, and that group purchased us five years after managing us. Shortly after the purchase, our new owners discontinued the offering of any refund contracts, stating that the ones still on the books were underfunded. Upon inquiry, this "discovery" was made after the purchase, NOT during the previous 5 years of management.
So this means the current choice for incoming residents is whether they desire Life Care of fee-for-service --- the former still being equalized pricing Life Care, not "traditional" Life Care -- meaning those in Health Care pay the same monthly amount that is discounted, no matter what size of unit they moved from and no matter whether they went into Assisted Living, Memory Care, or the SNF. This standard amount goes up each year. Those Life Care residents who choose to stay in their IL unit with home care must arrange for that home care on their own, from "outside" approved, licensed home care agencies. To me, that's sort of a Catch 22 -- they pay extra in entry fees and monthly fees for Life Care that gives a discount in Health Care, but the Life Care resident has to be in a bed in Health Care for that Life Care benefit.
Back to refundable entry fees --- it's pretty rare for a state to require escrowing the refund amounts, with contracts stating that the refund will be paid when a vacated unit is occupied (the entry fee paid by the newcomers providing the cash to make the refunds). This situation makes a resident with a refund contract an unsecured creditor.... a critical classification in a bankruptcy. When this happened in Texas, two residents were named to the bankruptcy court's Unsecured Creditor Committee, to serve with trade vendors whose invoices hadn't been paid. (Bondholders (secured creditors) had their own committee.)
Bottom line: contracts can "morph" over time, it sounds like the trend is to move away from refund contracts.