reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1758 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1758.

1758.  The director may bring an action to enjoin the violation or threatened violation of Section 1748 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show the lack of an adequate remedy at law or to allege facts necessary to show or tending to show irreparable damage or loss.(Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1759 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1759.

1759.  The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution within his or her county of any action for violation of this chapter.(Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1770 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1770.

1770.  The Legislature finds, declares, and intends all of the following:(a)  Continuing care retirement communities are an alternative for the long-term residential, social, and health care needs of California’s elderly residents and seek to provide a continuum of care, minimize transfer trauma, and allow services to be provided in an appropriately licensed setting. (b)  Because elderly residents often both expend a significant portion of their savings in order to purchase care in a continuing care retirement community and expect to receive care at their continuing care retirement community for the rest of their lives, tragic consequences can result if a continuing care provider becomes insolvent or unable to provide responsible care. (c)  There is a need for disclosure concerning the terms of agreements made between prospective residents and the continuing care provider, and concerning the operations of the continuing care retirement community. (d)  Providers of continuing care should be required to obtain a certificate of authority to enter into continuing care contracts and should be monitored and regulated by the State Department of Social Services. (e)  This chapter applies equally to for-profit and nonprofit provider entities. (f)  This chapter states the minimum requirements to be imposed upon any entity offering or providing continuing care. (g)  Because the authority to enter into continuing care contracts granted by the State Department of Social Services is neither a guarantee of performance by the providers nor an endorsement of any continuing care contract provisions, prospective residents must carefully consider the risks, benefits, and costs before signing a continuing care contract and should be encouraged to seek financial and legal advice before doing so. (Amended by Stats. 2000, Ch. 820, Sec. 1. Effective January 1, 2001.)
CA Health & Safety Code § 1771.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1771.2.

1771.2.  (a)  An entity shall apply for and hold a currently valid permit to accept deposits before it may enter into a deposit agreement or accept a deposit. (b)  A provider shall hold a currently valid provisional certificate of authority or certificate of authority before it may enter into a continuing care contract. (c)  Before a provider subcontracts or assigns to another entity the responsibility to provide continuing care, that other entity shall have a current and valid certificate of authority. A provider holding a certificate of authority may contract for the provision of a particular aspect of continuing care, such as medical care, with another entity that does not possess a certificate of authority, if that other entity is appropriately licensed under laws of this state to provide that care, and the provider has not paid in advance for more than one year for that care. (d)  If an entity enters into an agreement to provide care for life or for more than one year to a person under 60 years of age in return for consideration, and the agreement includes the provision of services to that person after age 60, when the person turns 60 years of age, the promising entity shall comply with all the requirements imposed by this chapter. (Amended by Stats. 2000, Ch. 820, Sec. 3. Effective January 1, 2001.)
CA Health & Safety Code § 1771.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1771.4.

1771.4.  An entity may conduct a market test for a proposed continuing care retirement community and collect reservation fees from persons interested in residing at the proposed continuing care retirement community without violating this chapter if all of the following conditions are met:(a)  The entity has filed with the department an application for a permit to accept deposits and a certificate of authority for the project. (b)  The entity’s application includes the proposed reservation agreement form and a proposed escrow agreement that provide all of the following: (1)  All fees shall be deposited in escrow. (2)  Refunds shall be made within 10 calendar days after the payer’s or proposed resident’s request or 10 days after denial of the application for a permit to accept deposits. (3)  All reservation fees shall be converted to deposits within 15 days after a permit to accept deposits is issued. (c)  The department has acknowledged in writing its receipt of the entity’s application and its approval of the entity’s proposed reservation agreement between the payer and the entity and the escrow agreement between the escrow holder and the entity. (d)  The amount of any reservation fee collected by the entity does not exceed one thousand dollars ($1,000) or 1 percent of the average entrance fee amount as determined from the entity’s application, whichever is greater. (e)  The entity places all reservation fees collected by the entity into an escrow under the terms of the approved reservation agreement and escrow agreement. (Repealed and added by Stats. 2000, Ch. 820, Sec. 6. Effective January 1, 2001.)
CA Health & Safety Code § 1771.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1771.5.

1771.5.  The department shall not issue a provisional certificate of authority or a certificate of authority to an applicant until the applicant has obtained licenses for the entire continuing care retirement community, including a license to operate the residential living and assisted living units, pursuant to Chapter 3.2 (commencing with Section 1569) and if a skilled nursing facility is on the premises, a license for the facility pursuant to Chapter 2 (commencing with Section 1250).(Repealed and added by Stats. 2000, Ch. 820, Sec. 8. Effective January 1, 2001.)
CA Health & Safety Code § 1771.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1771.6.

1771.6.  (a)  Any entity may apply to the department for a Letter of Nonapplicability for reasons other than those specified in Section 1771.3, which states that the provisions of this chapter do not apply to its community, project, or proposed project. (b)  Applications for Letters of Nonapplicability shall be made to the department in writing and include the following: (1)  A nonrefundable one thousand dollar ($1,000) application fee. (2)  A list of the reasons why the existing or proposed project may not be subject to this chapter. (3)  A copy of the existing or proposed contract between the entity and residents. (4)  Copies of all advertising material. (5)  Any other information reasonably requested by the department. (c)  The department shall do both of the following: (1)  Within seven calendar days, acknowledge receipt of the request for a Letter of Nonapplicability. (2)  Within 30 calendar days after all materials are received, either issue the Letter of Nonapplicability or notify the entity of the department’s reasons for denial of the request. (d)  (1)  If the department determines that the entity does not qualify for a Letter of Nonapplicability, the entity shall refrain from, or immediately cease, entering into continuing care contracts. (2)  If an entity to which this subdivision applies intends to provide continuing care, an application for a certificate of authority shall be required to be filed with the department pursuant to this chapter. (3)  If an entity to which this subdivision applies does not intend to provide continuing care, it shall alter its plan of operation so that the project is not subject to this chapter. To obtain a Letter of Nonapplicability for the revised project, the entity shall submit a new application and fee. (Repealed and added by Stats. 2000, Ch. 820, Sec. 10. Effective January 1, 2001.)
CA Health & Safety Code § 1771.10 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1771.10.

1771.10.  Each provider shall adopt a comprehensive disaster preparedness plan specifying policies for evacuation, relocation, continued services, reconstruction, organizational structure, insurance coverage, resident education, and plant replacement.(Added by renumbering Section 1771.11 by Stats. 2000, Ch. 820, Sec. 15. Effective January 1, 2001.)
CA Health & Safety Code § 1772 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1772.

1772.  (a)  No report, circular, public announcement, certificate, financial statement, or any other printed matter or advertising material, or oral representation, that states or implies that an entity sponsors, guarantees, or assures the performance of any continuing care contract, shall be published or presented to any prospective resident unless both of the following have been met: (1)  Paragraph (5) of subdivision (a) of Section 1788 applies and the requirements of that paragraph have been satisfied. (2)  The entity files with the department a duly authorized and executed written declaration that it accepts full financial responsibility for each continuing care contract. The filing entity shall be subject to the application requirements set forth in Article 2 (commencing with Section 1779), shall be a coobligor for the subject contracts, and shall be a coprovider on the applicable provisional certificate of authority and certificate of authority. (b)  Implied sponsorship includes the use of the entity’s name for the purpose of implying that the entity’s reputation may be relied upon to ensure the performance of the continuing care contract. (c)  Any implication that the entity may be financially responsible for these contracts may be rebutted by a conspicuous statement, in all continuing care contracts and marketing materials, that clearly discloses to prospective residents and all transferors that the entity is not financially responsible. (d)  On written appeal to the department, and for good cause shown, the department may, in its discretion, allow an affinity group exemption from this section. If an exemption is granted, every continuing care contract shall include a conspicuous statement which clearly discloses to prospective residents and all transferors that the affinity group entity is not financially responsible. (e)  If the name of an entity, including, but not limited to, a religion, is used in connection with the development, marketing, or continued operation of a continuing care retirement community, but that entity does not actually own, control, manage, or otherwise operate the continuing care retirement community, the provider shall clearly disclose the absence of that affiliation, involvement, or association with the continuing care retirement community in the continuing care contract. (Amended by Stats. 2000, Ch. 820, Sec. 16. Effective January 1, 2001.)
CA Health & Safety Code § 1772.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1772.2.

1772.2.  (a)  All printed advertising materials, including brochures, circulars, public announcements, and similar publications pertaining to continuing care or a continuing care retirement community shall specify the number on the provider’s provisional certificate of authority or certificate of authority. (b)  If the provider has not been issued a certificate of authority, all advertising materials shall specify both of the following: (1)  Whether an application has been filed. (2)  If applicable, that a permit to accept deposits or a provisional certificate of authority has been issued. (Added by Stats. 2000, Ch. 820, Sec. 17. Effective January 1, 2001.)
CA Health & Safety Code § 1773 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1773.

1773.  (a)  A provisional certificate of authority or certificate of authority may not be sold, transferred, or exchanged in any manner. A provider may not sell or transfer ownership of the continuing care retirement community without the approval of the department. Any violation of this section shall cause the applicable provisional certificate of authority or certificate of authority to be forfeited by operation of law pursuant to subdivision (c) of Section 1793.7. (b)  A provider may not enter into a contract with a third party for overall management of the continuing care retirement community without the approval of the department. The department shall review the transaction for consistency with this chapter. (c)  Any violation of this section shall be grounds for revocation for the provider’s provisional certificate of authority or certificate of authority under Section 1793.21. (Amended by Stats. 2000, Ch. 820, Sec. 18. Effective January 1, 2001.)
CA Health & Safety Code § 1774 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1774.

1774.  No arrangement allowed by a permit to accept deposits, a provisional certificate or authority, or a certificate of authority issued by the department under this chapter may be deemed a security for any purpose.(Amended by Stats. 2000, Ch. 820, Sec. 19. Effective January 1, 2001.)
CA Health & Safety Code § 1775 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1775.

1775.  (a)  To the extent that this chapter, as interpreted by the department, conflicts with the statutes, regulations, or interpretations governing the sale or hire of real property, this chapter shall prevail. (b)  Notwithstanding any law or regulation to the contrary, a provider for a continuing care retirement community may restrict or abridge the right of any resident, whether or not the resident owns an equity interest, to sell, lease, encumber, or otherwise convey any interest in the resident’s unit, and may require that the resident only sell, lease, or otherwise convey the interest to persons approved by the provider. Provider approval may be based on factors which include, but are not limited to, age, health status, insurance risk, financial status, or burden on the provider’s personnel, resources, or physical facility. The provider shall record any restrictions on a real property interest. (c)  To the extent that this chapter conflicts with Sections 51.2 and 51.3 of the Civil Code, this chapter shall have precedence. A continuing care provider, at its discretion, may limit entrance based on age. (d)  This chapter imposes minimum requirements upon any entity promising to provide, proposing to promise to provide, or providing continuing care. (e)  This chapter shall be liberally construed for the protection of persons attempting to obtain or receiving continuing care. (f)  A resident’s entry into a continuing care contract described in this chapter shall be presumptive evidence of the resident’s intent not to return to his or her prior residence to live for purposes of qualifying for Medi-Cal coverage under Sections 14000 et seq. of the Welfare and Institutions Code and Section 50425 of Title 22 of the California Code of Regulations. (Amended by Stats. 2000, Ch. 820, Sec. 20. Effective January 1, 2001.)
CA Health & Safety Code § 1776 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.

1776.  The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to protect the rights of the elderly.(Repealed and added by Stats. 1990, Ch. 875, Sec. 2.)
CA Health & Safety Code § 1776.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.2.

1776.2.  The department may, by any duly authorized representative, inspect and examine any continuing care retirement community, including the books and records thereof, or the performance of any service required by the continuing care contracts.(Amended by Stats. 1995, Ch. 920, Sec. 10. Effective January 1, 1996.)
CA Health & Safety Code § 1776.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.3.

1776.3.  (a) The Continuing Care Contracts Branch of the department shall enter and review each continuing care retirement community in the state at least once every three years to augment the branch’s assessment of the provider’s financial soundness.(b) During its facility visits, the branch shall consider the condition of the facility, whether the facility is operating in compliance with applicable state law, and whether the provider is performing the services it has specified in its continuing care contracts.(c) The branch shall issue guidelines that require each provider to adopt a comprehensive disaster preparedness plan, update that plan at least every three years, submit a copy to the department, and make copies available to residents in a prominent location in each continuing care retirement community facility.(d) (1) The branch shall respond within 15 business days to residents’ rights, service-related, and financially related complaints by residents, and shall furnish to residents upon request and within 15 business days any document or report filed with the department by a continuing care provider, except documents protected by privacy laws.(2) The provider shall disclose any citation issued by the department pursuant to Section 1793.6 in its disclosure statement to residents as updated annually, and shall post a notice of the citation in a conspicuous location in the facility. The notice shall include a statement indicating that residents may obtain additional information regarding the citation from the provider and the department.(Amended by Stats. 2011, Ch. 32, Sec. 7. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
CA Health & Safety Code § 1776.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.4.

1776.4.  The department may contract with any entity to provide consultation services. In providing the services, the entity shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department. The department shall reimburse an entity for services performed pursuant to this section.(Added by Stats. 1990, Ch. 875, Sec. 2.)
CA Health & Safety Code § 1776.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.6.

1776.6.  (a)  Pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), the following documents are public information and shall be provided by the department upon request: audited financial statements, annual reports and accompanying documents, compliance or noncompliance with reserve requirements, whether an application for a permit to accept deposits and certificate of authority has been filed, whether a permit or certificate has been granted or denied, and the type of care offered by the provider. (b)  The department shall regard resident data used in the calculation of reserves as confidential. (Amended by Stats. 2000, Ch. 820, Sec. 21. Effective January 1, 2001. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
CA Health & Safety Code § 1776.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 1 - General Provisions|Section 1776.6.

1776.6.  (a) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), the following documents are public information and shall be provided by the department upon request: audited financial statements, annual reports and accompanying documents, compliance or noncompliance with reserve requirements, whether an application for a permit to accept deposits and certificate of authority has been filed, whether a permit or certificate has been granted or denied, and the type of care offered by the provider.(b) The department shall regard resident data used in the calculation of reserves as confidential.(Amended by Stats. 2021, Ch. 615, Sec. 236. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)