NaCCRA Forum: Governance of CCRC/LifePlan Communit

Ann and all -

In PA, those in Independent Living are considered tenants. There is no law protecting them specific to living in a CCRC.

There is law for those in healthcare facilities. Their rights are posted in the facility including how to file a complaint and much more.

Personal Care/Assisted Living - The Department of Human Services is responsible for the licensing and oversight of all Pennsylvania Personal/Care/Assisted Living facilities. They have a state Bill of Rights.

Skilled Nursing - The Department of Health is responsible for the licensing and oversight of all Pennsylvania nursing facilities. 

Linda Kilcrease

Resident of a CCRC

The Older Americans Act (OAA) long-term care ombudsman program does not cover independent living residents in Continuing Care Retirement Communities (CCRCs). Here's a breakdown of the coverage: Ombudsman Coverage in CCRCs



Covered Residents

• The long-term care ombudsman program established by the OAA primarily focuses on residents in:Nursing homes
• Assisted living facilities
• Other residential care communities

Independent Living Residents

1. Independent living residents in CCRCs are generally not covered by the ombudsman program for several reasons:The residents residing in independent living settings do not receive the same level of care as those in assisted living or nursing home sections.
2. Independent living is considered a housing arrangement rather than a long-term care setting, which is the primary focus of the ombudsman program.
3. The ombudsman program's resources are already stretched thin covering assisted living and nursing home residents.

Ann MacKay

Charlestown

Catonsville, MD

The federally mandated ombudsmen are apparently intended to serve CCRCs, and there may be local offices around the state.

Here in California the state regulations governing the Independent and Assisted Living portions of CCRCs say that residents have the right “to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program . . . conspicuously in the facility foyer, lobby, residents’ activity room, or other location easily accessible to residents.”

I read somewhere that there is a Federal law that says that every state must have an ombudsman to help seniors with housing issues in nursing homes, etc.

The AARP website lists ombudsmen(?) for every state. See How to Find the Long-Term Care Ombudsman in Every State (aarp.org)

For Virginia, look at Virginia Office of the State Long-Term Care Ombudsman

(elderrights.virginia.gov)

Contact Us

8004 Franklin Farms Drive, Henrico, Virginia 23229, (804) 565-1600, or (800) 552-5019

I hope they can help you. Or for others in other states, find yours at the AARP website.

Kay, your guess is as good as mine. It's a matter of getting exposure in the news media and support from VaCCRA and CCRC residents.

Ashby Ponds' Resident Advisory Council that claims to speak on behalf of ALL residents defies common sense. How can one party to an Agreement or Contract set up an entity that speaks on behalf of the other party?

When I was Director, Operations Review Division, Iowa State Corporation Commission our Counsel, news media, and consumer groups would have been up in arms.

I live at the CCRC called Medford Leas in Medford New Jersey. I realize that NJ laws are different than Virginia. My question about the last post: What is next?

The SCC state, "

• After careful review of your July 22^nd letter and re-reviewing all of the information provided by you and the Bureau’s investigation, the Bureau still finds no violation of Section 38.2-4910 of the Code.

Ashby Ponds is in violation of Section B of the Code of Virginia § 38.2-4910. Right of organization.

A. Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents' organization or for filing any complaint. The provider shall be required to provide to the organization a copy of all submissions to the Commission.

B. The board of directors, its designated representative or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. These issues may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs, facilities and services. Residents shall be entitled to seven days' notice of each meeting.

Sections A and B refer to self-organized groups. I have provided the following documents (all prepared by management) that show that Ashby Ponds Resident Advisory Council (RAC) is unambiguously not self-organized:

Ashby Ponds Resident Advisory Council Constitution & Bylaws (7 pages)

Resident Advisory Council Handbook (13 pages)

Ashby Ponds Resident Advisory Council Policies and Procedures (12 pages)

By providing rights under § 38.2-4910. Section B to RAC — that is not self-organized -- Defendant has established an organization that competes with Residents who self-organize. This infringes on Residents’ rights.

Attached is my reply to:

Michael S. Smith

Manager, Company Licensing