✨ Governance of CCRC/LifePlan Communit

Recent Kansas legislation brings Independent Living (IL) into the light by shifting it from a "landlord-tenant" issue to a "consumer rights and state oversight" issue.

The 3 Key Legislative "Hooks"

• HB 2784 (State Oversight): This law moved CCRC oversight to the Department for Aging and Disability Services (KDADS). Critically, it redefined a CCRC as a single "continuum" that includes Independent Living. Now, a provider's state certification depends on the health and stability of the entire campus, not just the nursing wing.
• SB 415 (Consumer Protection): This 2026 update makes violations of the Residential Landlord and Tenant Act (which governs IL) subject to the Kansas Consumer Protection Act. This is a major win for residents: it means management's failure to maintain your unit or follow your contract can now be investigated by the Attorney General as a deceptive business practice.
• Financial Disclosure Rules: New mandates require CCRCs to submit Annual Disclosure Statements directly to the Secretary of KDADS. For the first time, IL residents have a state-backed right to see the audited financial health of the community to ensure their entrance fees are protected.

Comparison of Your Protections

FeatureBefore 20242026 RealityLegal StatusPrivate ApartmentCertified Healthcare ContinuumGrievance PathSmall Claims CourtConsumer Protection ComplaintFinancial Transparency"Trust the Provider"Mandatory State Audit Filing

Maura Conry

NaCCRA Forum Monitor

Please include if the Independent Living (IL) part of the CCRC is included in your State's Statutes.

Independent Living is frequently left out of legislation which has historically been tailored to the regulated parts of the industry. Independent Living (IL) may be designated as "housing," giving residents the same rights as renters. Lack of legislation for independent living leaves the bulk of CCRC retirees without supportive oversight.

The average resident stay in a CCRC includes 7-12 years in independent living (IL), 2-3 years in assisted living (AL) and 1-2 years in nursing home care, with most of it in the typically unregulated independent living. Lack of oversight in independent living is a critical problem nationwide leaving residents vulnerable without recourse.

Maura Conry

NaCCRA

Forum Monitor

In Kansas, the legal framework for Continuing Care Retirement Communities (CCRCs) is primarily found in the Kansas Statutes Annotated (K.S.A.) under the chapters for Public Health (Chapter 39) and Insurance (Chapter 40).

Following the passage of House Bill 2784 (the "CCRC Certification Transfer Act"), oversight transitioned from the Insurance Department to the Kansas Department for Aging and Disability Services (KDADS) as of July 1, 2024.

Core CCRC Statutes & Legislation

1. K.S.A. 39-923: "The Adult Care Home Licensure Act" (Definitions)

This is the foundational statute for all senior living in Kansas. Following recent amendments, it now explicitly defines a CCRC.

• Key Content: Defines a CCRC as a facility combining a range of housing and services (Independent Living, Assisted Living, Residential Healthcare, Home Plus, or Skilled Nursing) to encompass the "continuum of aging care."
• Significance: By including CCRCs under the definition of "Adult Care Homes," the state ensures they are subject to KDADS inspections and resident rights protections.

2. K.S.A. 40-2231 through 40-2238: "Continuing Care Providers Act"

While originally in the Insurance chapter, these statutes now fall under the authority of the Secretary for Aging and Disability Services.

• K.S.A. 40-2231 (Definitions): Defines "Continuing Care," "Entrance Fees," and "Providers."
• K.S.A. 40-2232 (Registration): Mandates that every CCRC must obtain a Certificate of Registration to operate in Kansas.
• K.S.A. 40-2235 (Disclosure Statements): Requires CCRCs to provide a formal disclosure statement to prospective residents before they sign a contract. This must include the provider's financial history, ownership structure, and service details.

3. K.A.R. 26-39-100 to 26-39-506: "Adult Care Home Regulations"

These are the Administrative Regulations that put the statutes into practice.

• K.A.R. 26-39-102 (Resident Rights): Explicitly lists the rights of residents in licensed care wings, including the right to manage personal finances, privacy, and freedom from unapproved chemical or physical restraints.
• K.A.R. 26-39-103 (Grievance Procedures): Mandates that every facility must have a written grievance policy and a designated "Grievance Coordinator."

Recent & Pending Legislation (2024–2026)

Bill NumberTitle / Short DescriptionImpact on ResidentsHB 2784 (2024)CCRC Certification Transfer ActMoved CCRC oversight to KDADS; prohibited fire marshals from using body cameras during inspections to protect resident privacy.SB 369 (2025)Senior Property Tax Relief ActAimed at expanding the SAFESR (Selective Assistance for Effective Senior Relief) program to help CCRC residents with rising assessment costs.HB 2784 (2026)Ad Valorem Tax Reduction Act(Current Session) Proposes a decrease in school district property tax rates, which can indirectly lower the tax burden passed through to CCRC residents in their monthly fees.

How to Use These Statutes for Advocacy

If you are addressing a grievance, citing the specific K.A.R. (Regulation) or K.S.A. (Statute) is often more effective than a general complaint. For example:

"Under K.S.A. 40-2235, I am requesting the most recent certified annual audit as required by the state's disclosure mandates."

Maura Conry

NaCCRA

Vermont Statutes

Title 8: Banking and Insurance

Chapter 151: Continuing Care Retirement Communities

http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=08&Chapter=151

Janice Clements, Wake Robin

Connecticut's Continuing Care Facilities (CCF), also referred to as Continuing Care Retirement Communities (CCRC), provide shelter and care under the terms of a continuing care contract that detail the housing and care obligations of the CCF as well as the cost of providing such services. CCF's are regulated under Sections 17b-520 through 17b-535, of the Connecticut General Statues and are required to register with the Department of Social Service by filing required disclosure documents. The Disclosure Statement should provide a prospective resident the necessary information regarding the nature of the program, financial considerations, rights and privileges under the Residency Agreement.

Disclosure: All Continuing Care Facilities in the State of Connecticut are subject to Chapter 319hh, Connecticut General Statutes, concerning management of Continuing Care Facilities. Registration under the law does not constitute approval, recommendation, or endorsement of any CCF by the Department of Social Services or the State of Connecticut, nor does such registration evidence the accuracy or completeness of the information in the Disclosure Statement.

Laws/Regulations

In accordance with Section 17b-522 of the Connecticut General Statutes, a CCF is required to provide Notice to Prospective Resident or his or her legal representative that a continuing-care contract is a financial investment and your investment may be at risk; the CCF's ability to meet contractual obligations under such contract depends upon the CCF's financial performance; and a prospective resident is advised to consult an attorney or other professional experienced in matters relating to investments in continuing-care facilities before you execute a contract for continuing care. The Connecticut Department of Social Services does not guarantee the security of your investment.

Public Act No. 15-115 - Bill of Rights for Residents of Continuing Care Communities

Connecticut Statute for the Management of Continuing Care Facilities

Consumer Guide Book Connecticut Continuing Care Residents Association (pages layout)

Consumer Guide Book Connecticut Continuing Care Residents Association (spread layout)

Hi Barry,

Very interesting!

Would you provide the citations for the statute(s) and sections?

I am guessing it is Colo. Rev. Stat, sections 11-49-101 to 11-49-115. If so, which sections are you citing?

Just as a mention, the Pearson- Warren Continuing Care (CCRC) Statutory Survey (Updated as of 2.1.2026) indicates that the statuteI cited was amended 2025.

Of course, the statute and sections you mentioned might not have been amended.

Here is the link to that Statutory Survey I mentioned:

https://bpb-us-e1.wpmucdn.com/sites.psu.edu/dist/6/17176/files/2026/02/Pearson-Warren-Survey-of-CCRC-Laws-FINAL-PDF-2.1.2026-002.pdf

Thank You,

Sally Wise

Colorado protects residents of SOME Colorado CCRC’s, as follows:

• The Colorado statute imposes a statutory operating reserve requirement on certain CCRCs, amounting to 20% of annual operating expenses. Two loopholes: (1) the reserve needn’t be held in cash (since 2019, when the legislature was lobbied by the Erickson organization, it is allowed to be held in a “Surety Bond” that is essentially a credit line, requiring repayment of any funds advanced, with interest); and (2) the reserve requirement only applies to about 7 CCRCs in Colorado (those that require a sizable entry deposit).
• The Colorado statute imposes an escrow requirement, but that only applies to funds advanced by a prospective resident before moving in, and not to the much more sizable funds paid as a entry deposit
• The statute requires that a prospective resident making a paid reservation of a unit must be given an extensive financial disclosure document (typically, the most recent year’s financial audit)
• The statute requires that a financial audit be made available annually to residents “upon request”, but it needn’t be delivered to each resident in the absence of a request
• A provider that charges large entry deposits must submit an annual report to the Dept of Regulatory Affairs and allow DORA to review its cash reserves, but DORA is lax in its review and has approved cash accounts that aren’t board-designated reserves and are simply cash accounts that are subject to fluctuation as the business needs may demand
• The statute describes certain minimal requirements for “life care contracts”, but those requirements are relatively easy to meet
• The statute describes certain basic disclosure requirements for facilities that advertise life care contracts, but those disclosures are quite easy to meet
• DORA can obtain injunctions and enforcement in certain instances, but we know of no instances where DORA has intervened at a facility
• There is no requirement that residents be given a right to representation or participation on the Board of Directors

If you’d like I can send the full text of the Colorado statute as of 2022. We know of no revisions since that date.

-Barry Peters

Erickson Community: Wind Crest

Input Requested: State Protections for Life Plan Community Consumers

Our President has asked Penny Jez, Editor of LifeLine, to represent NaCCRA on a panel at the LeadingAge Leadership Summit (April 20–22). Penny has asked me to help gather perspectives from our members.

The session is titled:

29-F. How Is Your State Protecting Life Plan Community Consumers?

The panel will explore which states have “on-the-books” protections for current and prospective residents of life plan communities. Presenters will examine statutory language in areas such as:

• Annual fee increases
• Residents’ right to organize
• Relocation rights
• Marketing materials and communication requirements
• Resident representation on boards of directors
• Grievances and arbitration
• Ownership transitions

The session will also highlight unusual or noteworthy statutory language that may make certain states examples to emulate—or to avoid. The panel will discuss how current law and advocacy shape interactions between life plan communities and consumers, and what these dynamics may mean for life plan community leaders.

If you are familiar with notable provisions in your state’s statutes or regulatory practices, please share them here in the forum comments. Examples of effective protections, gaps in current law, or practical experience with how statutes operate in practice would all be helpful.

If possible, please post your comments by April 15, so they can be considered in preparing for the panel.

Richmond Shreve

NaCCRA Board Member & VP

Forum Moderator