reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1783.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1783.2.

1783.2.  (a)  An escrow agent shall refund to the depositor all amounts required by the depositor’s deposit agreement upon receiving written notice from the applicant that a depositor has canceled the deposit agreement. Refunds required by this subdivision shall be paid to the depositor within 10 days after the depositor gives notice of cancellation to the applicant. (b)  Depositors who have deposited more than one thousand dollars ($1,000) or 5 percent of the entrance fee, whichever is greater, and who have been notified that construction of the proposed continuing care retirement community has commenced, shall not be entitled to a refund of their deposit until any of the following occurs: (1)  The continuing care retirement community is opened for operation. (2)  Another depositor has reserved the canceling depositor’s specific residential unit and paid the necessary deposit. (3)  The depositor no longer meets financial or health requirements for admission. (Amended by Stats. 2000, Ch. 820, Sec. 42. Effective January 1, 2001.)
CA Health & Safety Code § 1784 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1784.

1784.  (a)  If construction of the proposed continuing care retirement community, or applicable phase, has not commenced within 36 months from the date the permit to accept deposits is issued, an applicant may request an extension of the permit to accept deposits. The request for extension shall be made to the department in writing and shall include the reasons why construction of the proposed continuing care retirement community was not commenced within the required 36-month period. The request for extension shall also state the new estimated date for commencement of construction. (b)  In response to a request for an extension, the department may do one of the following: (1)  If the department determines there is satisfactory cause for the delay in commencement of construction of the proposed continuing care retirement community or applicable phase, the department may extend the permit to accept deposits for up to one year. (2)  If the department determines that there is no satisfactory cause for the delay, the department may instruct the escrow agent to refund to depositors all deposits held in escrow, plus any interest due under the terms of the deposit subscription agreements, and require the applicant to file a new application and application fee. The applicant shall also refund all processing fees paid by the depositors. (c)  Within 10 calendar days the applicant shall notify each depositor of the department’s approval or denial of the extension, of any expiration of the permit to accept deposits and of any right to a refund of their deposits. (Amended by Stats. 2000, Ch. 820, Sec. 44. Effective January 1, 2001.)
CA Health & Safety Code § 1785 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 3 - Deposit Subscription Period|Section 1785.

1785.  (a) If, at any time prior to issuance of a certificate of authority, the applicant’s average performance over any six-month period does not substantially equal or exceed the applicant’s projections for that period, the department may take any of the following actions:(1) Cancel the permit to accept deposits and require that all funds in escrow be returned to depositors immediately.(2) Increase the required percentages of construction completed, units reserved, or entrance fees to be deposited as required under Sections 1782, 1783.3, 1786, and 1786.2.(3) Increase the reserve requirements under this chapter.(b) Prior to taking any actions specified in subdivision (a), the department shall give the applicant an opportunity to submit a feasibility study from a consultant in the area of continuing care, approved by the department, to determine whether in his or her opinion the proposed continuing care retirement community is still viable, and if so, to submit a plan of correction. The department shall determine if the plan is acceptable.(c) In making its determination, the department shall take into consideration the overall performance of the proposed continuing care retirement community to date.(d) If deposits have been released from escrow, the department may further require the applicant to reopen the escrow as a condition of receiving any further entrance fee payments from depositors or residents.(e) The department may require the applicant to notify all depositors and, if applicable, all residents, of any actions required by the department under this section.(Amended by Stats. 2011, Ch. 32, Sec. 12. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
CA Health & Safety Code § 1786 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 4 - Certificate of Authority|Section 1786.

1786.  (a)  The department shall issue a provisional certificate of authority when an applicant has done all of the following: (1)  Complied with the approved marketing plans. (2)  Met and continues to meet the requirements imposed under subdivision (a) of Section 1783.3. The issuance of the provisional certificate of authority shall not require, and shall not be dependent upon the release of escrowed funds. Release of escrowed funds shall be governed by Section 1783.3. (3)  Completed construction of the continuing care retirement community or applicable phase. (4)  Obtained the required licenses. (5)  Paid the remainder of the application fee. (6)  Executed a permanent mortgage loan or other long-term financing. (7)  Provided the department with a recorded copy of the Notice of Statutory Limitation on Transfer required by subdivision (aa) of Section 1779.4. (8)  Met all applicable provisions of this chapter. (b)  The provisional certificate of authority shall expire 12 months after issuance unless both of the following occur: (1)  No later than 60 days prior to the expiration of the provisional certificate of authority, the provider petitions the department and demonstrates good cause in writing for an extension of the provisional certificate of authority. (2)  The department determines that the provider is capable of meeting the requirements of Section 1786.2 during the extension period. (c)  The department shall exercise its discretion to determine the length of the extension period. (d)  After the provisional certificate of authority is issued providers may continue to take deposits by modifying the deposit agreement as appropriate. The new deposit agreement shall clearly state the rights of the depositor and the provider. The applicant shall submit the agreements to the department for review and approval prior to use. A provider that holds a provisional certificate of authority or certificate of authority may accept fees paid by potential residents to be placed on a waiting list without using a deposit agreement. These waiting list fees may not exceed five hundred dollars ($500), and shall be refunded to the potential resident upon written request. (e)  All holders of a provisional certificate of authority shall request in writing a certificate of authority when the requirements of Section 1786.2 have been met. (Amended by Stats. 2000, Ch. 820, Sec. 46. Effective January 1, 2001.)
CA Health & Safety Code § 1786.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 4 - Certificate of Authority|Section 1786.2.

1786.2.  (a)  The department shall not issue a certificate of authority to an applicant or a provider, until the department determines that each of the following has occurred: (1)  A provisional certificate of authority has been issued or all of the requirements for a provisional certificate of authority have been satisfied. In the case of an application for a new certificate of authority due to an organizational change, if the continuing care retirement community is financially sound and operating in compliance with this chapter, it shall be sufficient for the purposes of this paragraph that the department has approved the application in writing. (2)  One of the following requirements has been met: (A)  At a minimum, continuing care contracts have been executed for 80 percent of the total residential living units in the continuing care retirement community, with payment in full of the entrance fee. (B)  At a minimum, continuing care contracts have been executed for 70 percent of the total residential living units in the continuing care retirement community, with payment in full of the entrance fee, and the provider has submitted an updated financial and marketing plan, satisfactory to the department, demonstrating that the proposed continuing care retirement community will be financially viable. (C)  At a minimum, continuing care contracts have been executed for 50 percent of the total residential living units in the continuing care retirement community, with payment in full of the entrance fee, and the provider furnishes and maintains a letter of credit or other security, satisfactory to the department, sufficient to bring the total amount of payments to a level equivalent to 80 percent of the total entrance fees for the entire continuing care retirement community. (3)  A minimum five-year financial plan of operation remains satisfactory to the department. (4)  Adequate reserves exist as required by Sections 1792 and 1792.6. For a new continuing care retirement community without an operating history, the department may approve calculation of required reserves on a pro forma basis in conjunction with compliance with approved marketing plans. (5)  All applicable provisions of this chapter have been met. (b)  When issued, the certificate of authority, whether full or conditioned, shall remain in full force unless forfeited by operation of law under Section 1793.7, inactivated under Section 1793.8, or suspended or revoked by the department pursuant to Section 1793.21. (c)  The provider shall display the certificate of authority in a prominent place within the continuing care retirement community. (Amended by Stats. 2000, Ch. 820, Sec. 47. Effective January 1, 2001.)
CA Health & Safety Code § 1789 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1789.

1789.  (a)  A provider shall notify the department and obtain its approval before making any changes to any of the following: its name; its business structure or form of doing business; the overall management of its continuing care retirement community; or the terms of its financing. (b)  The provider shall give written notice of proposed changes to the department at least 60 calendar days in advance of making the changes described in this section. (c)  This notice requirement does not apply to routine facility staff changes. (d)  Within 10 calendar days of submitting notification to the department of any proposed changes under subdivision (a), the provider shall notify the resident association of the proposed changes in the manner required by subdivision (e) of Section 1779. (Amended by Stats. 2000, Ch. 820, Sec. 52. Effective January 1, 2001.)
CA Health & Safety Code § 1789.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1789.2.

1789.2.  (a)  A provider shall provide the department with written notice at least 90 calendar days prior to closing any transaction that results in an encumbrance or lien on a continuing care retirement community property or its revenues. (b)  The written notice required by this section shall include all of the following: (1)  A description of the terms and amount of the proposed transaction. (2)  An analysis of the sources of funds for repayment of principal and interest. (3)  An analysis of the impact of the proposed transaction on monthly care fees. (4)  An analysis of the impact that the proposed encumbrance would have on assets available for liquid reserves required by Section 1792, and refund reserves required by Section 1792.6. (c)  Within seven calendar days of receipt of notice of proposed changes, the department shall acknowledge receipt of the notice in writing. (d)  Within 30 calendar days following its receipt of the notice, the department shall inform the provider in writing whether additional materials are required to evaluate the transaction. (e)  Within 90 calendar days following its receipt of additional materials, the department shall inform the provider of its approval or denial of the proposed transaction. (f)  Providers shall not execute the proposed financial transaction for which notice has been given pursuant to subdivision (a) without the department’s written authorization unless either the 30-day response period or the 90 calendar day period for the department’s review of the provider’s request has expired without any response by the department. (g)  If the department determines that the proposed financial transaction will materially increase monthly care fees or impair the provider’s ability to maintain required reserves, the department may: (1)  Refuse to approve the transaction. (2)  Record a notice of lien on the provider’s property pursuant to Section 1793.15 after notifying the provider and giving the provider an opportunity to withdraw the planned transaction. (3)  Take both actions and any other action that it determines is necessary to protect the best interests of the residents. (h)  Within 10 calendar days of submitting notification to the department of any proposed encumbrance to the community property, the provider shall notify the resident governing body or association of the proposed encumbrance in the manner required by subdivision (e) of Section 1779. (Amended by Stats. 2000, Ch. 820, Sec. 54. Effective January 1, 2001.)
CA Health & Safety Code § 1789.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1789.4.

1789.4.  (a)  A provider for a continuing care retirement community shall obtain approval from the department before consummating any sale or transfer of the continuing care retirement community or any interest in that community, other than sale of an equity interest in a unit to a resident or other transferor. (b)  The provider shall provide written notice to the department at least 120 calendar days prior to consummating the proposed transaction. (c)  The notice required by this section shall include all of the following: (1)  The identity of the purchaser. (2)  A description of the terms of the transfer or sale, including the sales price. (3)  A plan for ensuring performance of the existing continuing care contract obligations. (d)  The provider shall give written notice to all continuing care contract residents and depositors 120 calendar days prior to the sale or transfer. The notice shall do all of the following: (1)  Describe the parties. (2)  Describe the proposed sale or transfer. (3)  Describe the arrangements for fulfilling continuing care contract obligations. (4)  Describe options available to any depositor or resident who does not wish to have his or her contract assumed by a new provider. (5)  Include an acknowledgment of receipt of the notice to be signed by the resident. (e)  Unless a new provider assumes all of the continuing care obligations of the selling provider at the close of the sale or transfer, the selling provider shall set up a trust fund or secure a performance bond to ensure the fulfillment of all its continuing care contract obligations. (f)  The purchaser shall make applications for, and obtain, the appropriate licenses and a certificate of authority before executing any continuing care contracts or assuming the selling provider’s continuing care contract obligations. (Amended by Stats. 2000, Ch. 820, Sec. 55. Effective January 1, 2001.)
CA Health & Safety Code § 1789.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1789.6.

1789.6.  A provider shall record with the county recorder a “Notice of Statutory Limitation on Transfer” for each community as required by subdivision (aa) of Section 1779.4 and Section 1786.(Amended by Stats. 2000, Ch. 820, Sec. 56. Effective January 1, 2001.)
CA Health & Safety Code § 1789.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1789.8.

1789.8.  Each provider shall obtain and maintain in effect insurance or a fidelity bond for each agent or employee, who, in the course of his or her agency or employment, has access to any substantial amount of funds. This requirement is separate from the bonding requirements of residential care facility for the elderly regulations.(Amended by Stats. 2000, Ch. 820, Sec. 57. Effective January 1, 2001.)
CA Health & Safety Code § 1791 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1791.

1791.  (a)  An annual fee shall be required of each provider which has obtained a provisional or final certificate of authority. (b)  Each annual report submitted pursuant to Section 1790 shall be accompanied by a payment to the Continuing Care Provider Fee Fund in the amount of one-tenth of 1 percent of the portion of total operating expenses, excluding debt service and depreciation from audited financial statements, which has been allocated to continuing care contract residents. The allocation shall be based on the ratio of the mean number of total residents. (c)  If a provider is granted an exemption from filing annual reports to the department pursuant to subdivision (f) of Section 1790, the minimum annual provider fee shall be two hundred fifty dollars ($250). This fee shall be submitted after the end of the provider’s fiscal year with proof of trust fund or performance bond as required by subdivision (f) of Section 1790. (Amended by Stats. 1995, Ch. 920, Sec. 45. Effective January 1, 1996.)
CA Health & Safety Code § 1792 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1792.

1792.  (a) A provider shall maintain at all times qualifying assets as a liquid reserve in an amount that equals or exceeds the sum of the following:(1) The amount the provider is required to hold as a debt service reserve under Section 1792.3.(2) The amount the provider must hold as an operating expense reserve under Section 1792.4.(b) The liquid reserve requirement described in this section is satisfied when a provider holds qualifying assets in the amount required. Except as may be required under subdivision (d), a provider is not required to set aside, deposit into an escrow, or otherwise restrict the assets it holds as its liquid reserve.(c) A provider shall not allow the amount it holds as its liquid reserve to fall below the amount required by this section. In the event the amount of a provider’s liquid reserve is insufficient, the provider shall prudently eliminate the deficiency by increasing its assets qualifying under Section 1792.2.(d) The department may increase the amount a provider is required to hold as its liquid reserve or require that a provider immediately place its liquid reserve into an escrow account meeting the requirements of Section 1781 if the department has reason to believe the provider is any of the following:(1) Insolvent.(2) In imminent danger of becoming insolvent.(3) In a financially unsound or unsafe condition.(4) In a condition such that it may otherwise be unable to fully perform its obligations pursuant to continuing care contracts.(e) For providers that have voluntarily and permanently discontinued entering into continuing care contracts, the department may allow a reduced liquid reserve amount if the department finds that the reduction is consistent with the financial protections imposed by this article. The reduced liquid reserve amount shall be based upon the percentage of residents at the continuing care retirement community who have continuing care contracts.(Amended by Stats. 2004, Ch. 129, Sec. 2. Effective January 1, 2005.)
CA Health & Safety Code § 1792.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 6 - Reporting and Reserve Requirements|Section 1792.3.

1792.3.  (a)  Each provider shall include in its liquid reserve a reserve for its long-term debt obligations in an amount equal to the sum of all of the following: (1)  All regular principal and interest payments, as well as credit enhancement premiums, paid by the provider during the immediately preceding fiscal year on account of any fully amortizing long-term debt owed by the provider. If a provider has incurred new long-term debt during the immediately preceding fiscal year, the amount required by this paragraph for that debt is 12 times the provider’s most recent monthly payment on the debt. (2)  Facility rental or leasehold payments, and any related payments such as lease insurance, paid by the provider during the immediately preceding fiscal year. (3)  All payments paid by the provider during the immediately preceding fiscal year on account of any debt that provides for a balloon payment. If the balloon payment debt was incurred within the immediately preceding fiscal year, the amount required by this paragraph for that debt is 12 times the provider’s most recent monthly payment on the debt made during the fiscal year. (b)  If any balloon payment debt matures within the next 24 months, the provider shall submit with its annual report a plan for refinancing the debt or repaying the debt with existing assets. (c)  When principal and interest payments on long-term debt are paid to a trust whose beneficial interests are held by the residents, the department may waive all or any portion of the debt service reserve required by this section. The department shall not waive any debt service reserve requirement unless the department finds that the waiver is consistent with the financial protections imposed by this chapter. (Added by Stats. 2000, Ch. 820, Sec. 57.3. Effective January 1, 2001.)