Bill Text: CA SB781 | 2013-2014 | Regular Session | Amended
Bill Title: Continuing care contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB781 Detail]
Download: California-2013-SB781-Amended.html
BILL NUMBER: SB 781 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Section 1245.060 of the Code of Civil
Procedure, relating to civil actions 1792.7 of the
Health and Safety Code, relating to continuing care contracts .
LEGISLATIVE COUNSEL'S DIGEST
SB 781, as amended, Lara. Eminent domain: precondemnation
activities. Continuing care contracts.
Existing law provides for the regulation by the State Department
of Social Services of activities relating to continuing care
contracts that govern care provided to an elderly resident in a
continuing care retirement community for the duration of the resident'
s life or a term in excess of one year. Existing law imposes certain
financial reporting and reserve requirements on providers of
continuing care. Existing law requires that a provider that has
entered into a Type A contract, as defined, file with the department
an actuary's opinion as to the actuarial financial condition of the
provider's continuing care operations.
This bill would additionally require a provider that has entered
into a Type A contract to make the above-described actuarial opinion
available online or to a current resident upon request.
Existing law authorizes any person authorized to acquire property
for a particular use by eminent domain to enter upon property to
engage in specified precondemnation activities that are reasonably
related to acquisition or use of the property. Existing law provides
that if the entry and activities upon the property cause actual
damage to or substantial interference with the possession or use of
the property, the owner may recover for the damage or interference in
a civil action.
This bill would make technical, nonsubstantive changes to this
provision of law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1792.7 of the Health
and Safety Code is amended to read:
1792.7. (a) The Legislature finds and declares all of the
following:
(1) In continuing care contracts, providers offer a wide variety
of living accommodations and care programs for an indefinite or
extended number of years in exchange for substantial payments by
residents.
(2) The annual reporting and reserve requirements for each
continuing care provider should include a report that summarizes the
provider's recent and projected performance in a form useful to
residents, prospective residents, and the department.
(3) Certain providers enter into "life care contracts" or similar
contracts with their residents. Periodic actuarial studies that
examine the actuarial financial condition of these providers will
help to assure their long-term financial soundness.
(b) Each provider shall annually file with the department a report
that shows certain key financial indicators for the provider's past
five years, based on the provider's actual experience, and for the
upcoming five years, based on the provider's projections. Providers
shall file their key indicator reports in the manner required by
Section 1792.9 and in a form prescribed by the department.
(c) Each provider that has entered into Type A contracts shall
file with the department an actuary's opinion as to the actuarial
financial condition of the provider's continuing care operations in
the manner required by Section 1792.10 , and shall make the
actuary's opinion available online or to a current
resident upon request .
SECTION 1. Section 1245.060 of the Code of
Civil Procedure is amended to read:
1245.060. (a) If the entry and activities upon property cause
actual damage to or substantial interference with the possession or
use of the property, whether or not a claim has been presented in
compliance with Part 3 (commencing with Section 900) of Division 3.6
of Title 1 of the Government Code, the owner may recover for the
damage or interference in a civil action or by application to the
court under subdivision (c).
(b) The prevailing claimant in an action or proceeding under this
section shall be awarded his or her costs and, if the court finds
that any of the following occurred, his or her litigation expenses
incurred in proceedings under this article:
(1) The entry was unlawful.
(2) The entry was lawful but the activities upon the property were
abusive or lacking in due regard for the interests of the owner.
(3) There was a failure to comply substantially with the terms of
an order made under Section 1245.030 or 1245.040.
(c) If funds are on deposit under this article, upon application
of the owner, the court shall determine and award the amount the
owner is entitled to recover under this section and shall order such
amount paid out of the funds on deposit. If the funds on deposit are
insufficient to pay the full amount of the award, the court shall
enter judgment for the unpaid portion.
(d) Nothing in this section affects the availability of any other
remedy the owner may have for the damaging of his or her property.
