In 2010, the US
Government Accountability Office (GAO) reported to the US Senate's Special Committee on Aging that CCRCs can provide benefits to older Americans, but not without some risk. Specific risks vary by CCRC and by state. CCRCs are primarily regulated by states rather than by the federal government. States generally license CCRC providers, monitor and oversee their financial condition, and have regulatory provisions designed to inform and protect consumers. California, Florida, Illinois, New York, Pennsylvania, Texas, and Wisconsin all had the regulatory authority to financially examine CCRCs to assess financial condition or viability. The U.S. Department of Health and Human Services provides oversight of nursing facilities that are commonly part of CCRCs, but this oversight focuses on the quality of care and safety of residents in those facilities that receive payments under the Medicare and Medicaid programs. If the community participates in Medicare and/or Medicaid (as opposed to private pay only), then the skilled nursing unit will be rated by the U.S. government on the basis of health inspections, staffing, and resident assessments. Potential residents, or their current
caregivers, should inquire about licensing reports, prior inspections and verified complaints to help inform their opinion of a particular CCRC. It is also advisable for potential residents and their
caregivers to have open discussions with current residents and receive their opinions on the CCRC in question. Given the complexity of CCRCs, a check list or worksheet is very useful. A list of
accredited CCRCs (about 300 out of 1,900) can be procured from the
Commission on Accreditation of Rehabilitation Facilities, which also provides resources to help evaluate CCRC options. It is important when considering CCRC contracts to have an
elder law attorney review its terms and ensure legitimacy. In its 2010 report, GAO identified some risks CCRC residents might face, including: losing their residence and familiar surroundings in the event of a CCRC closure; losing the refundable portion of their entrance fees — which may amount to hundreds of thousand of dollars or more — if a CCRC encountered financial difficulties; facing larger-than-expected increases in monthly and other fees that could erode their existing assets or make the CCRC unaffordable to them. In evaluating financial stability, one can examine the net assets (difference between the assets and the liabilities) of a non-profit CCRC as declared in
Form 990, filed with the IRS annually for their tax-exempt status, and may be accessed online. One way CCRC residents can develop trust for the information and decisions coming from their leadership is to have a resident representative on the CCRC governing board. States that require residents to be represented on governing boards of CCRCs include New Jersey, Maryland, District of Columbia, California, Ohio, and Oregon, although the resident-representatives in the latter three states have non-voting positions. While rare, closures and bankruptcies of CCRCs do happen, as well as class action lawsuits. A 2014 class-action lawsuit, which alleged that the CCRC
Vi at Palo Alto funneled the residents' refundable entrance fees to its parent company without establishing a reserve fund as required by state law, was dismissed by a US District Court judge who ruled that, while the CCRC might be in violation of state law by not maintaining a cash reserve, the plaintiffs (CCRC residents) "lack[ed] standing in their civil claim" because they did not show that harm was done or was imminent. The residents appealed and in April 2020 the Appeals Court found that "the statutory violation of failing to maintain a refund reserve harms Residents by putting them in the distressing position of choosing between vacating the Vi and potentially risking non-repayment, or continuing to live at the Vi in a state of perceived financial insecurity." Subsequently, a proposed class action settlement was reached and a final hearing is scheduled in September 2022. == Resident demographics ==