Section 1789.2 - Written notice prior to closing transaction that results in encumbrance or lien on property or revenues(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.Ca. Health and Saf. Code § 1789.2
Amended by Stats 2000 ch 820 (SB 2077), s 54, eff. 1/1/2001.