§ 23-93-201 - Definitions.
23-93-201. Definitions.
As used in this subchapter:
(1) "Commissioner" means the Insurance Commissioner;
(2) "Department" means the State Insurance Department;
(3) "Entrance fee" means a payment that assures a resident a place in a facility for a term of years or for life;
(4) "Facility" means a place which provides life care;
(5) "Hazardous financial condition" means a provider is insolvent or in imminent danger of becoming insolvent;
(6) "Life care" means continuing care as defined in 23-93-103(2), except that no additional charges are made for nursing care or personal care services beyond those charged all residents of the facility who are not receiving nursing care or personal care services;
(7) "Living unit" means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;
(8) (A) "Nursing care" means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a registered or licensed nurse.
(B) "Nursing care" does not include general health service such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(9) (A) "Personal care services" means assistance with meals, dressing, movement, bathing, or other personal needs of maintenance or other direct supervision and oversight of the physical and mental well-being of a person.
(B) "Personal care services" does not include general health services such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(10) "Provider" means the owner or operator, whether a natural person, partnership, or other incorporated association, trust, or corporation whose owner or operator undertakes to provide life care for a fee, whether fixed or variable, for the period of care. The fee may be payable in lump sum, or lump sum and monthly maintenance charges, or in installments;
(11) "Refund reserve" means the actuarially determined annual refund amount required to be maintained by a life care provider for service of its refund amounts during the next fiscal year of the facility;
(12) "Resident" means an individual entitled to receive life care in a facility; and
(13) "Solicit" means all actions of a provider in seeking to have individuals residing in this state pay an application fee and enter into a life care agreement by any means, such as, but not limited to, personal, telephone, or mail communication, or any other communication directed to and received by any individual in this state, and any advertisements in any media distributed or communicated by any means to individuals in this state.