This law requires entities to apply for a permit and certificate before engaging in activities related to continuing care retirement communities. These activities include accepting deposits, signing agreements or contracts, beginning construction, expanding facilities, converting buildings, resuming marketing, executing new contracts, or closing sales or transferring properties. If an organization changes structurally, a new certificate is needed. However, a name change without structural change only requires notification to the department. Residents must be informed of applications for permits related to construction or financial changes, and summaries of plans should be posted prominently. The department can modify application requirements if sufficient information is provided or if certain protections are not impacted.

If you are applying for a permit to run a retirement community or make major changes to one, you must pay an application fee. First, you'll pay 80% of this fee when you apply. You must pay this using a check made out to the Continuing Care Provider Fee Fund, and your application won't be processed until you do.

The fee amount is different based on your situation: if you're creating or selling a retirement community or transferring it, the fee is based on 0.1% of the construction cost or purchase price. If you're expanding or renovating, the fee is 0.1% of the costs involved. If you're converting an existing facility into a retirement community, the fee is 0.1% of its appraised value. For changes in the organization, the fee depends on processing costs but starts at $2,000.

You must pay the rest of the fee before you get final approval or a provisional certificate to operate.

This section outlines the detailed requirements for submitting an application for a continuing care retirement community license. The application must include a sworn statement verifying the truthfulness of the information provided, signed either by individuals or the CEOs of corporations. It must list the applicant's name and business address, fee calculations, and information about the community's real property, such as location and expected number of residents.

Additionally, the application should describe the services provided, any affiliation with organizations, and disclose any past legal issues involving fraud or regulatory actions. Necessary licenses or preliminary approval documents must be included, and detailed financial information, such as audited statements and future projections, must be provided. A marketing plan, as well as disclosures about any legal or financial constraints on property transfer, are also essential parts of the application.

The document underscores the importance of transparency regarding financial stability, including reserves, cash-flow, and handling of entrance fees. The application must communicate any changes in the proposed project to the department and provide any additional required information.

This law section outlines the steps and timelines the department must follow when processing a permit application for accepting deposits and a certificate of authority related to continuing care retirement communities. Upon receiving the application, the department has seven days to acknowledge it and 30 days to determine if it's complete. If incomplete, the applicant will be informed about missing information and given time to submit it. Within 120 days of confirming completeness, the department reviews the application's adequacy based on specific criteria, including compliance with the law and feasibility studies. They must then approve or point out deficiencies. If there are deficiencies, applicants have 60 days to respond, after which the department will determine if the application is now adequate or not. Applicants failing to submit additional information within 90 days may face denial, and a new application would require a fee.

This law says that if someone other than the future resident or current resident pays a deposit or any other amount for a continuing care contract, they have the same rights to cancel the contract and get a refund, just like the actual resident would.

Basically, whoever pays the money, no matter who they are, gets the same refund and cancellation rights the resident would have under the agreement.

If you're applying for something with the department, you must keep them updated on any major changes, like financial or market alterations. You need to tell them 60 days in advance if you're planning changes to your company's name, structure, or finances.

The department has 30 days to tell you if they need more info, if there's an extra fee, or if you need to submit a new application. This new application might cost twice as much because it requires more review.

If you don't notify them of changes, your application or permit could be put on hold until they've checked how these changes affect depositors' interests and taken necessary action.

This law states that the department will deny a permit application for a continuing care retirement community if the applicant fails to: pay the required fee, submit necessary information, prove good character if previous offenses are involved, show capability to manage the facility in compliance with laws, demonstrate the project's feasibility, and meet elderly residential care facility requirements. If denied, the application fee isn't refunded, and the department must notify the applicant in writing, explaining the denial reasons, the right to appeal, and instructions for an appeal within 30 days. If an appeal is filed, it follows specific government code procedures.