What should we ask a care home for before we sign?
Ask for a blank copy of the home’s complete admission agreement and for its rate increases over the last three years. The law gives you both before you commit.
Checked against the Health and Safety Code and Title 22How we check
- 1. A blank copy of the complete admission agreement
- Anyone may ask. Health and Safety Code §1569.881(a)
- 2. The home’s average rate increases for each of the last three years
- Anyone thinking of moving in, or their representative. Health and Safety Code §1569.658(c)
- 3. The local ombudsman’s contacts
- It must be in, or attached to, every admission agreement. Health and Safety Code §1569.885(d)
This guide covers licensed care homes for older adults (RCFEs). Continuing care retirement communities follow other contract rules.
Checked against the Health and Safety Code and Title 22How we check
Can we read the admission agreement before we commit?
Yes. Every licensed care home must give anyone a blank copy of its complete admission agreement. It must do so straight away, at the cost of copying or mailing. Health and Safety Code §1569.881(a) Title 22 §87507(e)(1) The home must also post a copy, or a notice saying how to get one, where the public can see it. Health and Safety Code §1569.881(b)
“Could I have a blank copy of your complete admission agreement, with all its attachments? I’d like to read it before we decide.”
How much has this home raised its rates?
Every January the home prepares a disclosure of its average monthly rate increases for each of the last three years, in dollars and as a percentage. Health and Safety Code §1569.658(a) It must give a copy to anyone thinking of moving in, or their representative. Health and Safety Code §1569.658(c)
At signing, every new resident gets the disclosure and signs to say so. Health and Safety Code §1569.658(b)
“Could I have your most recent rate-increase disclosure, for the last three years?”
Who do we call if something goes wrong?
The long-term care ombudsman: free, independent help for residents. The admission agreement must include the local ombudsman’s phone number, website and email. Health and Safety Code §1569.885(d) A copy of the residents’ rights must be attached to it too. Health and Safety Code §1569.885(e)
The statewide ombudsman line answers 24 hours a day, 7 days a week: 1-800-231-4024.
Write the request
Pick the documents you want from a home. You’ll get the exact words to send, with the law named in each line.
Your answers stay on this page. We don’t save or send them.
Question 1 of 3
Question 2 of 3
Question 3 of 3
The rules this check uses
The law’s own words, with the day we last checked each one.
Every residential care facility for the elderly shall make blank complete copies of its admission agreement available to the public immediately, subject to time required for copying or mailing, at cost, upon request.
The licensee shall provide blank copies of the most current approved admission agreement, modifications and attachments immediately to the public upon request. The licensee may charge fees at cost for copying or mailing the admission agreement.
The licensee shall provide a copy of the most recent disclosure required by this section to any prospective resident, or his or her representative.
On or before January 31 of each year, the licensee of a licensed residential care facility for the elderly shall prepare a document disclosing its average monthly rate increases, inclusive of rates for living units and service fees, for each of the previous 3 years. For purposes of this section, “service fees” do not include fees for optional services or services provided by a third party. The licensee shall disclose the average amount of the increase, as well as the average percentage of increase. Newly licensed facilities without three years of resident rate increase history shall disclose the average increase for the years during which the facility has been serving residents. This section does not apply to newly licensed facilities with no current residents.
To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensee’s ability to meet residents’ needs.
What must the agreement say?
Read the blank copy for these. The admission agreement must:
- describe what the monthly fee covers, and list every other fee with its price; Health and Safety Code §1569.884
- say the resident will get a monthly statement of every separate charge; Health and Safety Code §1569.884
- give the conditions for raising rates, the refund policy, and the conditions for ending the agreement; Health and Safety Code §1569.884
- list the reasons the home may ask a resident to leave, worded exactly as the law words them, and no others. Title 22 §87507(g)(10)
Before someone moves in, the home must also say in writing what needs it cannot meet. Health and Safety Code §1569.269(a)(15)
What can’t an agreement take away?
No admission paper may require a resident to give up a right the law gives them. Health and Safety Code §1569.269(c) An agreement may not waive the home’s responsibility for the resident’s health, safety or belongings. Nor may it contain a term the home knows, or should know, is deceptive or unlawful. Title 22 §87507(h)
How much notice before a rate increase?
At least 90 days, in writing, with the amount and the reasons. Health and Safety Code §1569.655(a) A rise because the resident’s level of care changed is the exception. Health and Safety Code §1569.655(a)
Do we have to sign on move-in day?
No. The agreement may be signed up to 7 days after the move. Title 22 §87507(c) Read it at home first.
What if a home says no?
Point to the law beside each document above. A home must give these, and a home that will not is telling you something while you can still choose.
You can also ask Community Care Licensing about it: 1-844-538-8766.
Questions families ask · 4
Can I get a copy of the admission agreement before signing?
Yes. Any licensed care home must give anyone a blank copy, at the cost of copying.
What should be in an assisted living contract?
What the monthly fee covers, every other fee and its price, how rates can rise, the refund policy, and the only reasons the home may ask a resident to leave.
How much notice must a home give before raising the rate?
At least 90 days in writing, with the reasons, unless the resident’s level of care changed.
Can the agreement make us give up our rights?
No. The law says no admission paper may require a resident to give up a right they have.
Request a tourPrint a visit checklist ›
Next, step 5 of 6: Move in
- The paperwork for moving in
A medical assessment from the last year comes first. The admission agreement can be signed up to 7 days after moving in.