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32 | The matter was reopened in January 2026 after the department received additional information and supplemental information was received in July 2026. CDSS staff, reviewed audited financial statements and reconciliations submitted by the provider, Generally Accepted Accounting Principles (GAAP), Financial Accounting Standard Board (FASB), Commission on Accreditation of Rehabilitation Facilities aka CARF International (CARF) and California Business and Professions Code section 651.
Allegation: Provider made material misrepresentations to depositors, prospective residents, or residents of a continuing care retirement community via the information provided on their Disclosure Statement. UNSUBSTANTIATED.
The review confirmed that the figures reported in the Disclosure Statement as “Income from Ongoing Operations/Operating Income” included resident revenue, investment and dividend income, realized investment gains, and gains/support. The Department further confirmed that, with these included sums, the figure generally aligned with the audited financial statements, with minor discrepancies noted. The Department noted that neither the continuing care contract statutes nor GAAP provide a single mandatory definition of “Operating Income” for nonprofit organizations, nor do they explicitly prohibit inclusion of investment-related income in such calculations. Additionally, the Department utilizes CARF ratios to assess the financial viability of CCRCs. CARF recognizes that financial statement reporting can vary significantly among providers and auditors. To promote consistency in its financial ratio analysis, CARF applies specific protocols to audited financial information. For purposes of calculating margin ratios, CARF treats interest earnings and net assets released from restriction as operating revenues, and its Ratio Pro spreadsheet includes interest and dividends in operating revenue. CARF also notes that providers with established ongoing development efforts may find it useful to calculate the ratios to include those activities as well. Consequently, the Department cannot find that the provider materially misrepresented operating income when it included such sums in the “Income from Ongoing Operations/Operating Income” line of its disclosure statement.
Continued on 9099C.2 |