LeadingAge California engages in a constant and determined fight to preserve and maintain services to California’s seniors and their providers through policy and advocacy
The majority of assisted living members are a part of a continuing care retirement community while some are free standing. Assisted living is state regulated. State regulations vary on who can be admitted and reside in assisted living. Assisted living is primarily private pay.
Continuing Care Retirement Communities
CCRCs offer an innovative and independent lifestyle that is different from other housing and care options for older people. Through long-term contracts that provide for housing, services and nursing care, usually in one location, the CCRC meets a resident’s needs for their entire life.
To learn more click on a topic heading below.
Assisted Living Waiver
The Assisted Living Waiver provides a Medi-Cal benefit for assisted living residents in certain counties. Visit www.caassistedliving.org for more information.
Continuing Care Contracts
Continuing Care Retirement Communities (CCRCs) are governed by the Health & Safety Code, commencing with Section 1770. Download the CCRC Statutes
State CCRC Website
The Continuing Care Contracts Branch of the Department of Social Services is responsible for oversight of continuing care contracts. To visit their website, click here.
Legal Update: RCFE Food Service Not Subject to County Oversight
Joel Goldman, of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, provides clarification that RCFEs are not subject to the provisions of the California Uniform Retail Food Facilities Law (CURFFL). Download the Legal Update here.
In 1998, LeadingAge California sponsored AB 742 (Washington, Chapter 124, Statutes of 1998). This state legislation would guarantee that a resident enrolled in Medicare risk HMO would be allowed to "return home" when that home is equipped to care for them. This legislation was pre-empted by the federal bill, H.R. 5661. Specifically, the Medicare "give backs" portion of the "Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (BIPA)" which (42 U.S.C. 1395w-22) gives seniors who are enrolled in the Medicare+Choice plan the option to return to their home care facility following hospitalization if the following conditions are met:
• The enrollee elects to return to that facility;
• The home facility must agree to the enrollee's return;
• The home facility must agree to accept the same terms and condition of payment that would apply to an in-network provider under the enrollee's managed care plan.
Should you encounter problems in exercising the resident's rights under these provisions, members are encouraged to contact the plans program manager. Contacts for Kaiser and PacifiCare are listed below:
Technical Support Documents
DSS' Technical Support Program has several self-assessment guides available. To download, click on the name of the document below:
HIPAA: An Introduction
Allan Jergesen, Esq. of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP provides members a general introduction to HIPAA including background of the HIPAA legislation, and several components that make up HIPAA. Click here to access the complete text in PDF.
• Map and listing of all LeadingAge California member CCRCs and MLRCs in California
• Department of Social Services: