1569.884.
The admission agreement shall include all of the following:(a) A comprehensive description of any items and services provided under a single fee, such as a monthly fee for room, board, and other items and services.
(b) A comprehensive description of, and the fee schedule for, all items and services not included in a single fee. In addition, the agreement shall indicate that the resident shall receive a monthly statement itemizing all separate charges incurred by the resident.
(c) A facility may assess a separate charge for an item or service only if that separate charge is authorized by the admission agreement. If
additional services are available through the facility to be purchased by the resident that were not available at the time the admission agreement was signed, a list of these services and charges shall be provided to the resident or the resident’s representative. A statement acknowledging the acceptance or refusal to purchase the additional services shall be signed and dated by the resident or the resident’s representative and attached to the admission agreement.
(d) An explanation of the use of third-party services within the facility that are related to the resident’s service plan, including, but not limited to, ancillary, health, and medical services, how they may be arranged, accessed, and monitored, any restrictions on third-party services, and who is financially responsible for the third-party services.
(e) A comprehensive description of billing and payment policies and
procedures.
(f) The conditions under which rates may be increased pursuant to Section 1569.655.
(g) The facility’s policy concerning family visits and other communication with residents, pursuant to Section 1569.313.
(h) The facility’s policy concerning refunds.
(i) Conditions under which the agreement may be terminated.
(j) An explanation of the facility’s responsibility to prepare a relocation evaluation, for each resident and a closure plan and to provide notice in the case of an eviction pursuant to Section 1569.682.
(k) (1) If the admission agreement includes an arbitration agreement, the
arbitration agreement shall comply with all of the following:
(A) Clearly indicate that the agreement to arbitrate is voluntary and not a precondition for admission.
(B) Be written on a form that is separate from the rest of the admission agreement.
(C) Clearly indicate to the parties that, by signing the arbitration agreement, both parties are voluntarily and knowingly waiving their right to a trial by jury or court trial and, instead, accepting the use of arbitration.
(2)The arbitration agreement requirements in paragraph (1) shall not invalidate an arbitration agreement that does not meet the requirements if the arbitration agreement existed prior to the effective date of this subdivision.
(D) Provide the resident with the option of rescinding the arbitration agreement within 10 days of signing the agreement by delivering written notice of rescission to the person identified in the arbitration agreement for receipt of that notice.
(2) The arbitration agreement requirements in paragraph (1) shall apply to any arbitration agreement that is included in an agreement between an elder or dependent adult, or his or her representative, and a residential care facility for the elderly for the admission to, or continued care or residence at, the facility that is entered into, altered, modified, renewed, or extended on or after January 1, 2010