✨ Governance of CCRC/LifePlan Community

Charles,

Does Article 14 require that foreign corporations comply with the same regulatory requirements as domestic corporations?

Richmond Shreve

NaCCRA Board Member & VP

Forum Moderator

Foreign Corporations in Virginia are governed by Virginia Code Article 14.

Charles Nadler

Wind Crest CCRC (Erickson Senior Living)

Highlands Ranch, Colorado

The number of CCRCs in Kansas is in flux as facilities formerly registered as CCRCs upgrade or re-define their services to be in compliance with House Bill 2784. The Bill officially transfered CCRCs from oversight by to Kansas Insurance Department to the Kansas Department for Aging and Disability Services (KDADS).

Correcting a previous post, the current number is between 20 to 25 and this number is expected to change as changes become implemented.

Maura Conry

NaCCRA

Forum Moderator

Unfortunately, the Virginia legislation speaks to CCRCs incorporated in Virginia. Thus, it is not applicable to those communities incorporated in another state such as those of Erickson Living.

Pat Lund

Quoting from an email by Penny Jez:

"VaCCRA's legislative proposal (HB 476 Continuing Care provbiders; quarterly meeting requirements

https://lis.virginia.gov/bill-details/20261/HB476 passed the Virginia General Assembly this spring:

"Amends the quarterly meeting requirements for continuing care facilities to provide that at least two of such meetings per year shall be open to all residents and that certain individuals shall participate in at least two of such meetings per year. The bill also requires, if requested by the resident council or a majority of the independent living residents of a continuing care facility, the provider to include as a participant in the meetings of its board of directors or other governing body a resident representative elected by a majority of such residents, who shall participate in a non-voting, advisory capacity

"... [I]t passed unanimously in the Senate committee; it passed in the House with only 10 no votes.

"VaCCRA has been advocating for greater transparency in communication between management and promoting residents as voting members on CCRC boards of directors for over a decade."

Richmond Shreve

NaCCRA Board Member & VP

Forum Moderator

The State of Kansas has moved their 70 CCRC communities under the Kansas State Department of Aging and Disability (KDADS). Previously all to these 70 CCRCs had been under the Kansas Department of Insurance. In my opinion this is a move in the right direction as it moves the CCRC under a department with experience in, and an understanding of, the needs of vulnerable populations.

At the same time, the Independent Living (IL) part of the industry is now nudged toward some State oversight. Prior to this move, independent living residents were managed like renters and tenants with few rights. Kansas did not go so far as to say that independent living has the same level of oversight as the medically regulated parts of the industry. The language being used indicated that independent living (IL) is now "bundled" in with the regulated areas. Continuing care means a continuum of care that includes independent living. All this is in development at this time and should be beneficial to independent living CCRC retirees insuring their rights and access to services.

Maura Conry

NaCCRA

Forum Facilitator

My comments on HB476 mailed today to residents and management of Ashby Ponds

— an Erickson Senior Living Community.

Erickson manages about 20 communities across a about a dozen states.

https://socratespatron.substack.com/p/changes-to-code-of-virginia-related

There are two bills HB476 and SB358 before the Virginia Legislature supported by VaCCRA although this posting is from me. These two bills include modest increases in meeting requirements and the Senate bill also includes a form of Resident on Board. These bills provide an excellent opportunity for you as CCRC residents to let your Delegates and Senators know if your Board and management are communicating critical information to residents and consulting with residents on critical issues. No need to identify your particular CCRC if you prefer not to. Leading Age and perhaps a couple CEOs will be testifying that things are perfect and that there's no need for the Legislature to interfere with their management style and disclosure policies which are perfect and will be getting even better.

The overview page for the Legislature is https://lis.virginia.gov/. See HB476 introduced by Delegate Vivian Watts (D) at https://lis.virginia.gov/bill-details/20261/HB476 and SB 358 introduced by Senator Ryan McDougle (R) https://lis.virginia.gov/bill-details/20261/SB358

In addition to contacting your legislator by phone or email you can submit written comments on the bills and when the bills are heard by subcommittee you can testify in person or remotely for one minute.

To comment on HB476 go to 

https://hodspeak.house.virginia.gov/committees/H14/bill_feedback

Scroll down to HB476 remembering that these are in numerical order except that bills that begin with a 1, 2, or 3 appear ahead of 476 i.e. HB1000s appears ahead of HB476 

Put a check on 476 and scroll to bottom and hit next and it will take you to where you leave your comments.

You can also click on "view comments" and you will see my screed which last time I looked was the only comment.

Herschel

Herschel Kanter

hekanter@yahoo.com