Section § 1812.540

Explanation

This law section explains specific definitions used in the chapter related to staffing and care services at long-term health care facilities. It defines "direct care service" as basic care provided by certified nurse assistants, focusing on patient well-being. "Nursing service" involves licensed nurses and psychiatric technicians providing both basic and nursing care. "Licensed nursing staff" refers specifically to certified nurses and technicians. Lastly, "long-term health care facility" means a facility licensed according to certain standards.

For purposes of this chapter, the following definitions shall apply:
(a)CA Civil Law Code § 1812.540(a) “Direct care service” means the temporary assignment of certified nurse assistants to render basic care services directed at the safety, comfort, personal hygiene, or protection of a patient who is a resident of a long-term health care facility.
(b)CA Civil Law Code § 1812.540(b) “Nursing service” means the temporary assignment of a licensed registered nurse, licensed vocational nurse, or psychiatric technician to render nursing and basic care services to a patient who is a resident of a long-term health care facility.
(c)CA Civil Law Code § 1812.540(c) “Licensed nursing staff” means a licensed registered nurse, licensed vocational nurse, or psychiatric technician.
(d)CA Civil Law Code § 1812.540(d) “Long-term health care facility” means a licensed facility, as defined in Section 1418 of the Health and Safety Code.

Section § 1812.541

Explanation

If a company that places temporary certified nurse assistants (CNAs) at long-term care facilities, it must provide certain information to the facility. This includes proof that each CNA is properly registered and in good standing, has at least six months of relevant experience, and has recently been health-checked, including a tuberculosis screening. Additionally, each CNA must join any required training or orientation programs and comply with ongoing training regulations.

Every employment agency that refers temporary certified nurse assistants to an employer that is a long-term health care facility shall provide the employer with all of the following:
(a)CA Civil Law Code § 1812.541(a) Written verification that the employment agency has verified that any certified nurse assistant referred by the agency is registered on the state registry of certified nurse assistants and is in good standing. The employment agency shall provide to the employer the certified nurse assistant’s professional certification number and date of expiration.
(b)CA Civil Law Code § 1812.541(b) A statement that the certified nurse assistant has at least six months of experience working in a long-term health care facility.
(c)CA Civil Law Code § 1812.541(c) A statement that the certified nurse assistant has had a health examination within 90 days prior to employment with the employment agency or seven days after employment with the employment agency and at least annually thereafter by a person lawfully authorized to perform that procedure. Each examination shall include a medical history and physical evaluation. The employment agency shall also provide verification that the individual has had tuberculosis screening within 90 days prior to employment and annually thereafter.
(d)CA Civil Law Code § 1812.541(d) A statement that the certified nurse assistant will participate in the facility’s orientation program and any in-service training programs at the request of the long-term health care employer.
(e)CA Civil Law Code § 1812.541(e) A statement that a certified nurse assistant is in compliance with the in-service training requirements of paragraph (1) of subdivision (a) of Section 1337.6 of the Health and Safety Code.

Section § 1812.542

Explanation

This law requires employment agencies that refer temporary licensed nurses to long-term care facilities to provide the facility with proof of the nurse's good standing with relevant nursing boards. They must also verify the nurse has passed a criminal background check and provide license details. Additionally, the agency must confirm the nurse has had a recent health exam, including a medical history, physical evaluation, and tuberculosis screening, and this must occur annually.

Every employment agency that refers temporary licensed nursing staff to an employer who is a licensed long-term health care facility shall provide the employer with all of the following:
(a)CA Civil Law Code § 1812.542(a) Written verification that the individual is in good standing with the Board of Registered Nursing or the Board of Vocational Nursing and Psychiatric Technicians, as applicable, and has successfully secured a criminal record clearance. The employment agency shall provide to the employer the individual’s professional license and registration number and date of expiration.
(b)CA Civil Law Code § 1812.542(b) A statement that the licensed nursing staff person has had a health examination within 90 days prior to employment with the employment agency or seven days after employment with the employment agency and at least annually thereafter by a person lawfully authorized to perform that procedure. Each examination shall include a medical history and physical evaluation. The employment agency shall also provide verification that the individual has had tuberculosis screening within 90 days prior to employment and annually thereafter.

Section § 1812.543

Explanation

This law sets rules for employment agencies that refer temporary nursing staff to long-term care facilities. These agencies must have policies to prevent abuse of residents by temporary staff, and they must verify in writing that referred staff have no unresolved abuse allegations. Temporary staff cannot be in charge of a unit without proper orientation. Agencies must provide lists of referred staff during labor disputes if asked by health authorities. Finally, temporary staff must be clearly identified in the facility's posted staffing levels.

(a)CA Civil Law Code § 1812.543(a) An employment agency that makes referrals of licensed nursing staff or certified nurse assistants for temporary employment in a long-term health care facility shall adopt policies and procedures regarding prevention of resident or patient abuse by temporary staff.
(b)CA Civil Law Code § 1812.543(b) The employment agency shall provide written verification to the long-term health care facility that any certified nurse assistants or licensed nursing staff referred by the agency do not have any unresolved allegations against them involving the mistreatment, neglect, or abuse of a patient, including injuries of unknown source and misappropriation of resident property.
(c)CA Civil Law Code § 1812.543(c) No temporary staff person referred by an employment agency may be solely responsible for a unit unless that person has received a full orientation to the facility and the applicable unit for which he or she is assigned.
(d)CA Civil Law Code § 1812.543(d) Upon the request of the State Department of Health Services, an employment agency shall provide a list of temporary employees who have been referred to a specified facility during the period in which the facility is involved in a labor action.
(e)CA Civil Law Code § 1812.543(e) An employment agency shall require that any employee referred to a long-term care facility be identified as a temporary staff person in the facility’s daily staffing levels required to be posted in accordance with the standards set forth in Section 941 of Appendix F of Public Law 106-554 (42 U.S.C. Sec. 1395i-3(b)(8) and 42 U.S.C. Sec. 1395r(b)(8)).

Section § 1812.544

Explanation

This law requires employment agencies that refer licensed nursing staff or certified nurse assistants to maintain records of their advertisements for one year. They cannot claim to be a home health agency and must clearly inform employers that they are only an employment agency. Complaints about these employment agencies can be reported to relevant authorities for action.

(a)CA Civil Law Code § 1812.544(a) Every employment agency that makes referrals of licensed nursing staff or certified nurse assistants for temporary employment in a long-term health care facility shall maintain a record of all advertisements, showing the date of publication and the publication in which the advertisement appeared, for a period of one year from the date of the advertisement.
(b)CA Civil Law Code § 1812.544(b) No employment agency that makes referrals for employment to a long-term health care facility shall, by its name, advertisement, or any other representation, represent itself to be a home health agency, as defined by subdivision (a) of Section 1727 of the Health and Safety Code, or to perform the services of a home health agency. The employment agency shall provide a written disclosure to each employer stating that it does not perform the services of a home health agency and clearly describing that it is an employment agency only.
(c)CA Civil Law Code § 1812.544(c) Any facility or individual may refer complaints concerning employment agencies which place licensed nursing staff or certified nurse assistants in long-term health care facilities to the appropriate licensing, certification, ombudsman, adult protective services, or proper law enforcement agency for action.

Section § 1923

Explanation

This law defines a reverse mortgage as a type of loan that lets homeowners with significant equity in their house receive cash advances. The key points are that it's a nonrecourse loan, so homeowners aren't on the hook beyond the home's value, it doesn't require repayment until the homeowner sells the house or passes away, and it's granted by a licensed lender in compliance with state or national laws.

For purposes of this chapter, “reverse mortgage” means a nonrecourse loan secured by real property that meets all of the following criteria:
(a)CA Civil Law Code § 1923(a) The loan provides cash advances to a borrower based on the equity or the value in a borrower’s owner-occupied principal residence.
(b)CA Civil Law Code § 1923(b) The loan requires no payment of principal or interest until the entire loan becomes due and payable.
(c)CA Civil Law Code § 1923(c) The loan is made by a lender licensed or chartered pursuant to the laws of this state or the United States.

Section § 1923.10

Explanation
This law only applies to reverse mortgage loans that were signed on or after January 1, 1998.
This chapter shall only apply to those reverse mortgage loans executed on or after January 1, 1998.

Section § 1923.2

Explanation

This law outlines requirements for reverse mortgage loans. First, you can pay back the loan early without a penalty. Interest rates can be fixed or adjustable and might depend on the property's value. Lenders can charge various fees throughout the loan's life. If the lender fails to provide the agreed loan advances, they must compensate you three times the withheld amount plus interest. Certain events, like selling the home or not living there anymore, can make the loan due. Temporary absences from the home are allowed without triggering repayment, and detailed interest and fee disclosures are required at loan closure. Lenders must not tie the purchase of annuities or other financial products to loan approval. Before applying, lenders must provide a list of HUD-approved counseling agencies for borrowers, who must complete counseling before proceeding with the loan. The lender must keep records of counseling certifications and comply with additional rules when offering loans.

A reverse mortgage loan shall comply with all of the following requirements:
(a)CA Civil Law Code § 1923.2(a) Prepayment, in whole or in part, shall be permitted without penalty at any time during the term of the reverse mortgage loan. For the purposes of this section, penalty does not include any fees, payments, or other charges that would have otherwise been due upon the reverse mortgage being due and payable.
(b)CA Civil Law Code § 1923.2(b) A reverse mortgage loan may provide for a fixed or adjustable interest rate or combination thereof, including compound interest, and may also provide for interest that is contingent on the value of the property upon execution of the loan or at maturity, or on changes in value between closing and maturity.
(c)CA Civil Law Code § 1923.2(c) A reverse mortgage may include costs and fees that are charged by the lender, or the lender’s designee, originator, or servicer, including costs and fees charged upon execution of the loan, on a periodic basis, or upon maturity.
(d)CA Civil Law Code § 1923.2(d) If a reverse mortgage loan provides for periodic advances to a borrower, these advances shall not be reduced in amount or number based on any adjustment in the interest rate.
(e)CA Civil Law Code § 1923.2(e) A lender who fails to make loan advances as required in the loan documents, and fails to cure an actual default after notice as specified in the loan documents, shall forfeit to the borrower treble the amount wrongfully withheld plus interest at the legal rate.
(f)CA Civil Law Code § 1923.2(f) The reverse mortgage loan may become due and payable upon the occurrence of any one of the following events:
(1)CA Civil Law Code § 1923.2(f)(1) The home securing the loan is sold or title to the home is otherwise transferred.
(2)CA Civil Law Code § 1923.2(f)(2) All borrowers cease occupying the home as a principal residence, except as provided in subdivision (g).
(3)CA Civil Law Code § 1923.2(f)(3) Any fixed maturity date agreed to by the lender and the borrower occurs.
(4)CA Civil Law Code § 1923.2(f)(4) An event occurs which is specified in the loan documents and which jeopardizes the lender’s security.
(g)CA Civil Law Code § 1923.2(g) Repayment of the reverse mortgage loan shall be subject to the following additional conditions:
(1)CA Civil Law Code § 1923.2(g)(1) Temporary absences from the home not exceeding 60 consecutive days shall not cause the mortgage to become due and payable.
(2)CA Civil Law Code § 1923.2(g)(2) Extended absences from the home exceeding 60 consecutive days, but less than one year, shall not cause the mortgage to become due and payable if the borrower has taken prior action which secures and protects the home in a manner satisfactory to the lender, as specified in the loan documents.
(3)CA Civil Law Code § 1923.2(g)(3) The lender’s right to collect reverse mortgage loan proceeds shall be subject to the applicable statute of limitations for written loan contracts. Notwithstanding any other provision of law, the statute of limitations shall commence on the date that the reverse mortgage loan becomes due and payable as provided in the loan agreement.
(4)CA Civil Law Code § 1923.2(g)(4) The lender shall prominently disclose in the loan agreement any interest rate or other fees to be charged during the period that commences on the date that the reverse mortgage loan becomes due and payable, and that ends when repayment in full is made.
(h)CA Civil Law Code § 1923.2(h) The first page of any deed of trust securing a reverse mortgage loan shall contain the following statement in 10-point boldface type: “This deed of trust secures a reverse mortgage loan.”
(i)CA Civil Law Code § 1923.2(i) A lender or any other person that participates in the origination of the mortgage shall not require an applicant for a reverse mortgage to purchase an annuity as a condition of obtaining a reverse mortgage loan.
(1)CA Civil Law Code § 1923.2(i)(1) The lender or any other person that participates in the origination of the mortgage shall not do either of the following:
(A)CA Civil Law Code § 1923.2(i)(1)(A) Participate in, be associated with, or employ any party that participates in or is associated with any other financial or insurance activity, unless the lender maintains procedural safeguards designed to ensure that individuals participating in the origination of the mortgage shall have no involvement with, or incentive to provide the prospective borrower with, any other financial or insurance product.
(B)CA Civil Law Code § 1923.2(i)(1)(B) Refer the borrower to anyone for the purchase of an annuity or other financial or insurance product prior to the closing of the reverse mortgage or before the expiration of the right of the borrower to rescind the reverse mortgage agreement.
(2)CA Civil Law Code § 1923.2(i)(2) This subdivision does not prevent a lender from offering or referring borrowers for title insurance, hazard, flood, or other peril insurance, or other similar products that are customary and normal under a reverse mortgage loan.
(3)CA Civil Law Code § 1923.2(i)(3) A lender or any other person who participates in the origination of a reverse mortgage loan to which this subdivision would apply, and who complies with paragraph (1) of subsection (n), and with subsection (o), of Section 1715z-20 of Title 12 of the United States Code, and any regulations and guidance promulgated under that section, as amended from time to time, in offering the loan, regardless of whether the loan is originated pursuant to the program authorized under Section 1715z-20 of Title 12 of the United States Code, and any regulations and guidance promulgated under that section, shall be deemed to have complied with this subdivision.
(j)CA Civil Law Code § 1923.2(j) Prior to accepting a final and complete application for a reverse mortgage the lender shall provide the borrower with a list of not fewer than 10 counseling agencies that are approved by the United States Department of Housing and Urban Development to engage in reverse mortgage counseling as provided in Subpart B of Part 214 of Title 24 of the Code of Federal Regulation. The counseling agency shall not receive any compensation, either directly or indirectly, from the lender or from any other person or entity involved in originating or servicing the mortgage or the sale of annuities, investments, long-term care insurance, or any other type of financial or insurance product. This subdivision does not prevent a counseling agency from receiving financial assistance that is unrelated to the offering or selling of a reverse mortgage loan and that is provided by the lender as part of charitable or philanthropic activities.
(k)CA Civil Law Code § 1923.2(k) A lender shall not accept a final and complete application for a reverse mortgage loan from a prospective applicant or assess any fees upon a prospective applicant until the lapse of seven days from the date of counseling, as evidenced by the counseling certification, and without first receiving certification from the applicant or the applicant’s authorized representative that the applicant has received counseling from an agency as described in subdivision (j) and that the counseling was conducted in person, unless the certification specifies that the applicant elected to receive the counseling in a manner other than in person. The certification shall be signed by the borrower and the agency counselor, and shall include the date of the counseling and the name, address, and telephone number of both the counselor and the applicant. Electronic facsimile copy of the housing counseling certification satisfies the requirements of this subdivision. The lender shall maintain the certification in an accurate, reproducible, and accessible format for the term of the reverse mortgage.
(l)CA Civil Law Code § 1923.2(l) A lender shall not make a reverse mortgage loan without first complying with, or in the case of brokered loans ensuring compliance with, the requirements of Section 1632, if applicable.

Section § 1923.3

Explanation

A reverse mortgage creates a legal claim or hold on your property for the total amount borrowed and interest. This claim takes precedence over any claims that are recorded after the reverse mortgage is filed.

A reverse mortgage shall constitute a lien against the subject property to the extent of all advances made pursuant to the reverse mortgage and all interest accrued on these advances, and that lien shall have priority over any lien filed or recorded after recordation of a reverse mortgage loan.

Section § 1923.4

Explanation

This law says that a property is considered 'owner-occupied' if the person living in it benefits from a trust, even if the trust holds the property's legal title.

For the purposes of this chapter, a property shall be deemed to be owner-occupied, notwithstanding that the legal title to the property is held in the name of a trust, provided that the occupant of the property is a beneficiary of that trust.

Section § 1923.5

Explanation

This law states that a reverse mortgage loan application can't proceed until the applicant receives important information about counseling. Before applying, the borrower must get a statement from the lender explaining the counseling requirement and its importance. The borrower must also complete a self-evaluation worksheet called the "Reverse Mortgage Worksheet Guide” which helps them consider key factors like the impact on people living with them, potential for default, other financial options, and government benefits.

The guide outlines five critical questions regarding future plans for the home, financial obligations, exploring other options, using the loan for financial products, and eligibility for government programs. Counselors must provide a signed certification for these requirements to affirm that the borrower has understood these implications.

(a)CA Civil Law Code § 1923.5(a) No reverse mortgage loan application shall be taken by a lender unless the loan applicant, prior to receiving counseling, has received from the lender the following plain language statement in conspicuous 16-point type or larger, advising the prospective borrower about counseling prior to obtaining the reverse mortgage loan:
A REVERSE MORTGAGE IS A COMPLEX FINANCIAL TRANSACTION. IF YOU DECIDE TO OBTAIN A REVERSE MORTGAGE LOAN, YOU WILL SIGN BINDING LEGAL DOCUMENTS THAT WILL HAVE IMPORTANT LEGAL AND FINANCIAL IMPLICATIONS FOR YOU AND YOUR ESTATE. IT IS THEREFORE IMPORTANT TO UNDERSTAND THE TERMS OF THE REVERSE MORTGAGE AND ITS EFFECT ON YOUR FUTURE NEEDS. BEFORE ENTERING INTO THIS TRANSACTION, YOU ARE REQUIRED TO CONSULT WITH AN INDEPENDENT REVERSE MORTGAGE LOAN COUNSELOR TO DISCUSS WHETHER OR NOT A REVERSE MORTGAGE IS RIGHT FOR YOU. A LIST OF APPROVED COUNSELORS WILL BE PROVIDED TO YOU BY THE LENDER.
SENIOR CITIZEN ADVOCACY GROUPS ADVISE AGAINST USING THE PROCEEDS OF A REVERSE MORTGAGE TO PURCHASE AN ANNUITY OR RELATED FINANCIAL PRODUCTS. IF YOU ARE CONSIDERING USING YOUR PROCEEDS FOR THIS PURPOSE, YOU SHOULD DISCUSS THE FINANCIAL IMPLICATIONS OF DOING SO WITH YOUR COUNSELOR AND FAMILY MEMBERS.
(b)Copy CA Civil Law Code § 1923.5(b)
(1)Copy CA Civil Law Code § 1923.5(b)(1) In addition to the plain language notice described in subdivision (a), no reverse mortgage loan application shall be taken by a lender unless the lender provides the prospective borrower, prior to his or her meeting with a counseling agency on reverse mortgages, with a reverse mortgage worksheet guide, or in the event that the prospective borrower seeks counseling prior to requesting a reverse mortgage loan application from the reverse mortgage lender, the counseling agency shall provide the prospective borrower with the following plain language reverse mortgage worksheet guide in 14-point type or larger:
Reverse Mortgage Worksheet Guide—Is a Reverse Mortgage Right for Me?
To decide if a recommended purchase of a reverse mortgage is right for you, consider all of your goals, needs, and available options. This self-evaluation worksheet has five essential questions for you to consider when deciding if a reverse mortgage is right for you.
Directions: The State of California advises you to carefully read and complete this worksheet, and bring it with you to your counseling session. You may make notes on a separate piece of paper with questions you may have about whether a reverse mortgage is right for you. During the counseling session, you can speak openly and confidentially with a professional reverse mortgage counselor, independent of the lender, who can help you understand what it means for you to become involved with this particular loan.
1. What happens to others in your home after you die or move out?
Rule: When the borrower dies, moves, or is absent from the home for 12 consecutive months, the loan may become due.
Considerations: Having a reverse mortgage affects the future of all those living with you. If the loan cannot be paid off, then the home will have to be sold in order to satisfy the lender. To determine if this is an issue for you, ask yourself:
(A)CA Civil Law Code § 1923.5(A) Who is currently living in the home with you?
(B)CA Civil Law Code § 1923.5(B) What will they do when you die or permanently move from the home?
(C)CA Civil Law Code § 1923.5(C) Have you discussed this with all those living with you or any family members?
(D)CA Civil Law Code § 1923.5(D) Who will pay off the loan, and have you discussed this with them?
(E)CA Civil Law Code § 1923.5(E) If your heirs do not have enough money to pay off the loan, the home will pass into foreclosure.
Do you need to discuss this with your counselor? Yes or No
2. Do you know that you can default on a reverse mortgage?
Rule: There are three continuous financial obligations. If you fail to keep up with your insurance, property taxes, and home maintenance, you will go into default. Uncured defaults lead to foreclosures.
Considerations: Will you have adequate resources and income to support your financial needs and obligations once you have removed all of your available equity with a reverse mortgage? To determine if this is an issue for you, ask yourself:
(A)CA Civil Law Code § 1923.5(A) Are you contemplating a lump-sum withdrawal?
(B)CA Civil Law Code § 1923.5(B) What other resources will you have once you have reached your equity withdrawal limit?
(C)CA Civil Law Code § 1923.5(C) Will you have funds to pay for unexpected medical expenses?
(D)CA Civil Law Code § 1923.5(D) Will you have the ability to finance alternative living accommodations, such as independent living, assisted living, or a long-term care nursing home?
(E)CA Civil Law Code § 1923.5(E) Will you have the ability to finance routine or catastrophic home repairs, especially if maintenance is a factor that may determine when the mortgage becomes payable?
Do you need to discuss this with your counselor? Yes or No
3. Have you fully explored other options?
Rule: Less costly options may exist.
Consideration: Reverse mortgages are compounding-interest loans, and the debt to the lender increases as time goes on. You may want to consider using less expensive alternatives or other assets you may have before you commit to a reverse mortgage. To determine if this is an issue for you, consider:
(A)CA Civil Law Code § 1923.5(A) Alternative financial options for seniors may include, but not be limited to, less costly home equity lines of credit, property tax deferral programs, or governmental aid programs.
(B)CA Civil Law Code § 1923.5(B) Other types of lending arrangements may be available and less costly. You may be able to use your home equity to secure loans from family members, friends, or would-be heirs.
Do you need to discuss this with your counselor? Yes or No
4. Are you intending to use the reverse mortgage to purchase a financial product?
Rule: Reverse mortgages are interest-accruing loans.
Considerations: Due to the high cost and increasing debt incurred by reverse mortgage borrowers, using home equity to finance investments is not suitable in most instances. To determine if this is an issue for you, consider:
(A)CA Civil Law Code § 1923.5(A) The cost of the reverse mortgage loan may exceed any financial gain from any product purchased.
(B)CA Civil Law Code § 1923.5(B) Will the financial product you are considering freeze or otherwise tie up your money?
(C)CA Civil Law Code § 1923.5(C) There may be high surrender fees, service charges, or undisclosed costs on the financial products purchased with the proceeds of a reverse mortgage.
(D)CA Civil Law Code § 1923.5(D) Has the sales agent offering the financial product discussed suitability with you?
Do you need to discuss this with your counselor? Yes or No
5. Do you know that a reverse mortgage may impact your eligibility for government assistance programs?
Rule: Income received from investments will count against individuals seeking government assistance.
Considerations: Converting your home equity into investments may create nonexempt asset statuses. To determine if this is an issue for you, consider:
(A)CA Civil Law Code § 1923.5(A) There are state and federal taxes on the income investments financed through home equity.
(B)CA Civil Law Code § 1923.5(B) If you go into a nursing home for an extended period of time, the reverse mortgage loan will become due, the home may be sold, and any proceeds from the sale of the home may make you ineligible for government benefits.
(C)CA Civil Law Code § 1923.5(C) If the homeowner is a Medi-Cal beneficiary, a reverse mortgage may make it difficult to transfer ownership of the home, thus resulting in Medi-Cal recovery.
Do you need to discuss this with your counselor? Yes or No
(2)CA Civil Law Code § 1923.5(2) The reverse mortgage worksheet guide required in paragraph (1) shall be signed by the agency counselor, if the counseling is done in person, and by the prospective borrower and returned to the lender along with the certification of counseling required under subdivision (k) of Section 1923.2, and the loan application shall not be approved until the signed reverse mortgage worksheet guide is provided to the lender. A copy of the reverse mortgage worksheet guide shall be provided to the borrower.

Section § 1923.6

Explanation

This law says that if a lender uses the exact form for a disclosure statement as required by this chapter, it's assumed they've met their obligation to disclose information properly.

The lender shall be presumed to have satisfied any disclosure duty imposed by this chapter if the lender provides a disclosure statement in the same form as provided in this chapter.

Section § 1923.7

Explanation

This section says that if a lender doesn’t follow all the rules in this chapter, it doesn’t automatically invalidate the agreement or lien. But, if there are other legal penalties or remedies available, those can still apply.

No arrangement, transfer, or lien subject to this chapter shall be invalidated solely because of the failure of a lender to comply with any provision of this chapter. However, nothing in this section shall preclude the application of any other existing civil remedies provided by law.

Section § 1923.9

Explanation
This law explains how reverse mortgage loans should be treated when determining eligibility for programs that help people based on their financial need. Money that someone gets from a reverse mortgage is considered a loan and not income, so it won't affect their ability to qualify for programs like low-income energy help or medical assistance. Any reverse mortgage funds that haven’t been used will be seen as part of the person's home equity and not as available cash or assets. However, these rules must not conflict with federal laws, especially those affecting funding from the Social Security Act.
(a)CA Civil Law Code § 1923.9(a) To the extent that implementation of this section does not conflict with federal law resulting in the loss of federal funding, reverse mortgage loan payments made to a borrower shall be treated as proceeds from a loan and not as income for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals.
(b)CA Civil Law Code § 1923.9(b) Undisbursed reverse mortgage funds shall be treated as equity in the borrower’s home and not as proceeds from a loan, resources, or assets for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals.
(c)CA Civil Law Code § 1923.9(c) This section applies to any law or program relating to payments, allowances, benefits, or services provided on a means-tested basis, by this state, including, but not limited to, optional state supplements to the federal supplemental security income program, low-income energy assistance, property tax relief, general assistance, and medical assistance only to the extent this section does not conflict with Title 19 of the federal Social Security Act.
(d)CA Civil Law Code § 1923.9(d) For the purposes of this section, “means-tested programs and aid to individuals” includes, but is not limited to, programs set forth in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9, and Part 5 (commencing with Section 17000) of Division 9, of the Welfare and Institutions Code.