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NaCCRA Forum: Resident Engagement

Resident Associations and Councils
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California seems to better protect the rights of seniors than does Virginia.

"Every licensed residential care facility for the elderly, at the request of two or more residents, shall assist the residents in establishing and maintaining a single resident council at the facility." Paragraphs (b) through (i) continued at

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1569.157


Virginia law is just two paragraphs and the State Corporation Commission writes that "self-organize" is not defined — they appear powerless to act. I believe "self-organize" is defined sufficiently in the physical and natural sciences where the phenomena has been studied for decades.

Code of Virginia § 38.2-4910. Right of organization.

A. Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents' organization or for filing any complaint. The provider shall be required to provide to the organization a copy of all submissions to the Commission.

B. The board of directors, its designated representative or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. These issues may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs, facilities and services. Residents shall be entitled to seven days' notice of each meeting.

https://law.lis.virginia.gov/vacode/title38.2/chapter49/section38.2-4910/


CAVEAT: having a resident on the CCRC Board will NOT help residents; it will help the CCRC.


I speak as an engineering management consultant with extensive experience at three regulatory agencies — Iowa, DC, Federal and having managed relevant contracts for USAID and the World Bank in countries from Russia to Indonesia.


Michael S. Smith, SPIR,CPCU, ARe, AIE

Manager Company Licensing and Regulatory Compliance 

Financial Regulation Division


MORE EVIDENCE AND QUESTIONS ABOUT STATUS OF COMPLAINT


The following was posted on NaCCRA Forum: Resident Engagement, Resident Associations and Councils by Pat Lund — longtime Member of Ashby Ponds Resident Advisory Council (RAC), and in my experience a kind and decent person — on 6/19/2024 6:33 AM:

Enver Masud is posting erroneous information. He has never attended a Resident Advisory Council meeting or read the updated information on My Erickson. If he had, he would realize that his Council recently rewrote bylaws, approved them at an open meeting and then sent them to management and the Board for information only.


RAC cannot become self-organized in compliance with the Code of Virginia § 38.2-4910 by rewriting its bylaws. “Self-Organizing Systems: The Emergence of Order,” Princeton University Press, states:

Systems lacking self-organization can have order imposed on them in many different ways, not only through instructions from a supervisory leader but also through various directives such as blueprints or recipes, or through pre-existing patterns in the environment (templates). Such systems would not be called self-organized, i.e. systems lacking self-organization cannot become self-organized.


Self-organization refers to how an organization was originally created — not to where it has evolved. For RAC to be self-organized it would have to start with a new Board and a blank slate for its bylaws.


The “new” RAC’s independence from management is highly suspect. Why were bylaws sent to “management and the Board” before residents had an opportunity to comment?


Regarding the status of my April 8, 2024 Complaint against Ashby Ponds and Erickson Living:

Has my Complaint been sent to Defendants?

Has the SCC received Defendants reply?

When will I be given the opportunity to rebut Defendants?


I look forward to your reply. Thank you,


Enver Masud

Defendant


Pat, is RAC still supported by Ashby Ponds/Erickson Living management?


If Ashby Ponds/Erickson Living are no longer supporting RAC, don't residents deserve a notice from the Executive Director regarding this change?


Enver Masud

Facilitator, APRA

Pat, “Self-organize” characterizes how an organization came into being, how it was created. Once created an organization cannot later claim to be self-organized — like a mother who delivers a child using C-section or caesarean delivery cannot later claim the birth was natural delivery.


Ashby Ponds Executive Director’s March 25, 2024 email stated, “Erickson does not support or deny any specific definition of “self-organized”. Every situation is different and a definition that makes logical sense in one scenario may not make sense in another. This allows the spirit and intent in a situation to be considered in the evaluation.” This “definition” is a non-starter.


However, one does not require a definition of “self-organize” to conclude that Ashby Ponds Resident Advisory Council (RAC) — created and operated according to the following three documents is unambiguously not self-organized:


Ashby Ponds Resident Advisory Council Constitution & Bylaws (7 pages)

Resident Advisory Council Handbook (13 pages)

Ashby Ponds Resident Advisory Council Policies and Procedures (12 pages)


RAC meetings and their “minutes” are not helpful. First, residents are not sent an agenda prior to meetings. Second, the “minutes” of RAC meetings are meeting notes — not minutes, minutes record decisions and who made them. Third, RAC’s response to issues I’ve presented over the years is, “talk to Baltimore.”


Indeed, neither RAC nor Ashby Ponds/Erickson Living have responded to the issues I presented with facts and argument — legal argument when necessary.


After years of no response I presented a DRAFT Management Audit to Ashby Ponds/Erickson Living for comment. None were received. When I pursued the matter it led to a letter from Erickson Living Counsel, Carla B Ulgen, threatening to terminate my contract.


The new Ashby Ponds Residents Association (APRA) meets the requirements of the Code of Virginia § 38.2-4910. I am acting as Facilitator and will help setup APRA consistent with Virginia Law. I will not accept any position in APRA.



Ashby Ponds/Erickson Living need to brush up on the meaning of self-organize.


Self-organize, often referred to as self-organization, is a phenomenon in which a system or a collection of individual components autonomously and spontaneously arranges or restructures itself into a more organized or coherent state without external guidance or central control. This concept is commonly observed in various fields, including physics, biology, sociology, and computer science. — ChatGPT


Systems lacking self-organization can have order imposed on them in many different ways, not only through instructions from a supervisory leader but also through various directives such as blueprints or recipes, or through pre-existing patterns in the environment (templates). Such systems would not be called self-organized. Self-Organizing Systems: The Emergence of Order, Princeton University Press



The study of self-organization spans various scientific disciplines, and its roots can be traced back to different fields and time periods. Here are a few key points in the history of the study of self-organization:


1. **Physics (19th Century):** The idea of self-organization has roots in physics, particularly in the study of thermodynamics and statistical mechanics. Scientists like Ludwig Boltzmann and Josiah Willard Gibbs made contributions to understanding how order can emerge from disorder in physical systems.


2. **Biology (20th Century):** In the mid-20th century, biologists started to explore self-organization in living systems. Conrad Waddington, a developmental biologist, introduced the concept of "epigenetics" and "canalization," which referred to the self-regulation and robustness observed in biological development.


3. **Cybernetics (20th Century):** The field of cybernetics, which emerged in the mid-20th century, also played a role in the study of self-organization. Cybernetics focused on the communication and control in living organisms and machines, and it contributed to the understanding of self-regulating systems.


4. **Nonlinear Dynamics and Chaos Theory (late 20th Century):** In the latter half of the 20th century, advances in the study of nonlinear dynamics and chaos theory further deepened the understanding of self-organization. Scientists like Edward Lorenz and the development of the Lorenz attractor highlighted the sensitivity to initial conditions and the emergence of complex behavior in dynamic systems.


5. **Complex Systems and Network Theory (late 20th Century to present):** The study of complex systems, including self-organizing systems, gained momentum towards the end of the 20th century and continues to be a vibrant area of research today. Network theory, which explores the relationships and interactions between elements in a system, is often used to understand self-organization in various contexts.


The study of self-organization is interdisciplinary, drawing on insights from physics, biology, mathematics, computer science, and other fields. The exploration of self-organizing principles continues to evolve as our understanding of complex systems advances.

Enver Masud is posting erroneous information. He has never attended a Resident Advisory Council meeting or read the updated information on My Erickson. If he had, he would realize that his Council recently rewrote bylaws, approved them at an open meeting and then sent them to management and the Board for information only.

Patricia Lund

In California CCRC resident councils and their independence are supported and promoted by the following state regulation pertaining to Residential Care Facilities for the Elderly (including CCRCs).


https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1569.157.


1569.157.  

(a) Every licensed residential care facility for the elderly, at the request of two or more residents, shall assist the residents in establishing and maintaining a single resident council at the facility. The resident council shall be composed of residents of the facility. Family members, resident representatives, advocates, long-term care ombudsman program representatives, facility staff, or others may participate in resident council meetings and activities at the invitation of the resident council.


(b) A resident council may, among other things, make recommendations to facility administrators to improve the quality of daily living and care in the facility and to promote and protect residents’ rights.


(c) If a resident council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days.


(d) Facility policies on resident councils shall not limit the right of residents to meet independently with outside persons or facility personnel.


(e) Each resident council member shall be informed by the facility of his or her right to be interviewed as part of the regulatory inspection process.


(f) Facilities shall promote resident councils as follows:


(1) If a facility has a resident council, the facility shall inform new residents of the existence of the resident council. The facility shall also provide information on the time, place, and dates of resident council meetings and the resident representative to contact regarding involvement in the resident council.


(2) If a facility has a resident council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison to assist the resident council, make a room available for resident council meetings, and post meeting information in a central location readily accessible to residents, relatives, and resident representatives.


(3) If a facility does not have a resident council, upon admission, the facility shall provide written information on the resident’s right to form a resident council to the resident and the resident representative, as indicated in the admissions agreement.


(4) Upon request, and with the permission of the resident council, the facility shall share the name and contact information of the designated representative of the resident council with the long-term care ombudsman program.


(g) A facility shall not willfully interfere with the formation, maintenance, or promotion of a resident council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a resident council, refusal to publicize resident council meetings or provide appropriate space for either meetings or a bulletin board, or failure to respond to written requests by the resident council in a timely manner.


(h) The text of this section with the heading “Rights of Resident Councils” shall be posted in a prominent place at the facility accessible to residents, family members, and resident representatives.


(i) A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.


(Amended by Stats. 2014, Ch. 177, Sec. 1. (AB 1572) Effective January 1, 2015.)

Hi Benze, I lived in Norman, OK for 15 years — first as a student at OU then as an employee of OG&E (1963-1975). OG&E was a wonderful company then and they reinforced the values of my parents in India.

Now to your question. Our Resident Advisory Council works for the owner/manager of our CCRC. Their Constitution & Bylaws were prepared by the owner/manager. In my opinion this violates the Code of Virginia § 38.2-4910 — the key phrase is "self-organize" which our Resident Advisory Council (RAC) is self-evidently not.

RAC manipulates elections, refuses to release the number of votes received by each candidate, doesn't keep proper minutes.

The one recourse we have — the Virginia Corporation Commission is not much help. They seem to side with the CCRC despite evidence to the contrary. I know because I've submitted formal complaints. The SCC did not even assign it a case number.

VaCCRA and NaCCRA seem to think the solution lies in having a RAC member on the CCRC Board where they are soon "captured" (google "captured boards). Residents on CCRC Boards is a bad idea.

The solution is a self-organized resident association, that is honest, knowledgeable, diverse, imaginative in devising strategies to achieve what residents desire within the confines of their Resident Agreement — interpreted in light of the law.

About resident surveys we have them every year. Food topped the list for at least 8 years. The problem persists.

We at Goodwin House Bailey's Crossroads have a completely independent Resident Council and an independent resident website. The governing documents of the RC are found on that website: https://www.lifeatghbc.com/ghbc/council-and-committees/resident-council/bylaws



I live in a CRCC in Oklahoma that doesn't have an independent Resident Council. The current Resident Council is headed by the CEO and is manned by the heads of various committees. The residents have very little say about what goes on in our facility.


What I am asking, is for any CCRC that has an independent resident association/Council, if you would email me an electronic copy of your constitution/bylaws. This is in an effort to build our own resident association so that our community may have a greater say in what takes place in our home.


Respectfully,

Bernie Henze,

blhenze@cox.net

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