NaCCRA Forum: Governance of CCRC/LifePlan Communit

Hello Mary,

In Oregon, a "Bill of Rights" is imposed on CCRCs by state statute. The Bill of Rights is CCRC specific. There are times when a resident might want to look beyond a CCRC's Bill of Rights to other state statutes.

For example, residents of one CCRC complained of a misuse of CCRC funds. The Bill of Rights was not helpful. The attorney they retained threatened to sue under Oregon's Elder Abuse Statute. It provided for mandatory treble damages financial elder abuse. The case was settled to the residents satisfaction out of court.

Another example, Oregon has a very lengthy 163-page statute providing for the elderly living in residential care and assisted living facilities. "standards are designed to enhance the dignity, independence, individuality, and decision making ability of the resident in a safe and secure environment while addressing the needs of the resident in a manner that supports and enables the individual to maximize abilities to function at the highest level possible." Residential care and assisted living facilities are licensed facilities that a CCRC is likely to have as part of being a CCRC. The statute would provide important, additional standards not otherwise provided to CCRC residents in independent living apartments.

A CCRC's Bill of Rights is good, there are other statutes that are also good to keep in mind.

Gerard

How many of you live in CCRCs that have adopted the Model Bill or Rights for Residents of Continuing Care Retirement communities?

If it was adopted by your CCRC, was in adopted by the Residents' Association or by management?

Many thanks for any and all replies

If your RAC is not responsive to your community's needs determine the following: Was your RAC established and is it acting in accordance with your State's law and regulations?

Our RAC is not aware of applicable law and regulations. It seems to be engaging in the unauthorized practice of law — see attached.

I am pursuing this issue and have asked that our RAC put the following on the Agenda for the next RAC meeting: DEFINE RESIDENT RIGHTS and RAC’S MISSION AND FUNCTIONS in light of the law and Ashby Ponds Residence and Care Agreement.

I am a candidate in the RAC Election to be held on December 7.

It doesn't sound to me like there are many places where the RAC is a real advocate for residents.

Our CCRC has monthly meetings. The executive committee meets privately with the management rep (who has the only "vote" on decisions). There is an open meeting of the full council about a week later that other residents may attend (but cannot talk at all).

It is very wrong, I think, to not allow residents to speak, even if limited to those who had submitted questions, given that representation is often very badly done for questions or general conversation. My rep represented me by simply reading my question to the council, then she proceeded to herself counter what I suggested and was the reason the suggestion was voted down. She did not represent my concern at all in discussion with others. And I could not speak (and I am the only resident that attends the council open meetings).

Part of the problem is representatives are often voted in by friends rather than skills or ability, or had their arm twisted to run so the building who have a representative as often no one wants to run. We currently have one building without a rep. The quality of representation is questionable. Council meetings are often silent and dominated by the executive committee and manager without being challenged or having new fresh thoughts on decisions from the other council members.

Linda Kilcrease

Resident of a CCRC

Council meetings themselves are different from Council leadership meetings with management. It was the latter in which closed meetings were discussed.

Our Resident Council has open meetings which any resident can attend and these are live-streamed on our inhouse TV channel. I agree with Jim that holding regular closed meetings of such a Council is improper.

Bill Samuel

I believe it is unusual to have a closed meeting for a Resident Council. For seven years, I attended every meeting of our Resident Council. Recently they began holding executive sessions, which I objected to. It is common practice to have executive sessions only to discuss personnel or contractual matters, which are NOT the responsibilities of Resident Councils.

When our governing board continued to hold not only executive sessions but refused to permit residents to observe their meetings or serve on the board, I left the CCRC.

Jim Haynes

At Monarch Landing in Naperville, IL, the RAC meets in closed door sessions with management. They post their minutes on Touchtown in print in a ring-binder available to residents. Periodically they hold a Town Hall meeting that is open to all residents. Our RAC is an advisory body and provides input & feedback but does not make administrative decisions. The 9 members are elected for three-year terms. The rotation works so that three members go off and three new ones are elected each year.

At Ingleside at King Farm in Rockville, Maryland, the Resident Council leadership meets regularly with management. Hopefully this influences decisions.

At Westminster Place in Evanston, Illinois, the officers of the Resident Advisory Council regularly hold closed-door meetings with management. I think that decisions are sometimes made during these meetings. Is that common or unusual?