Section 420-D:1 Definitions.
In this chapter:
I. [Repealed.]
II. ""Commissioner'' means the insurance commissioner.
III. ""Continuing care'' or ""life care'' means furnishing to a person, other than one who is related by consanguinity or affinity up to, but not including, the third degree, services that shall include board or lodging, or both, and may include nursing services, medical services, or other health related services, irrespective of whether the lodging and services are provided at the same location or provided by a third party, pursuant to a contractual agreement extending for the life of such person or for a period of a year or more in consideration of payment of an entrance fee which may also include additional periodic charges for the services provided and including contracts which are terminable by either party.
IV. ""Department'' means the insurance department.
V. ""Entrance fee'', ""entrance deposit'' or ""accommodation fee'' means an initial or deferred payment, agreed upon in the contract, of a sum, usually a lump sum, in cash or in kind, to a provider in return for acceptance as a resident in a facility. This definition shall not apply to the payment of a sum which is less than the total of periodic payments, as defined in paragraph X of this section, for one year or $10,000.
VI. ""Facility'' means any facility or institution offering continuing care to an individual.
VII. ""Licensed'' means that the provider has obtained a certificate of authority from the commissioner.
VIII. ""Living unit'' means a room, apartment, or other area within a facility used exclusively by one or more, but usually no more than 2, residents. This definition of living unit shall not mean shelter care, a personal care unit, nursing home, or infirmary bed.
IX. ""Manager'' means a person who operates a facility.
X. ""Periodic payments'' or ""monthly care fees'' means those payments in addition to the entrance fee and made by a resident to a provider for continuing care during the entire period of residence in a facility.
XI. ""Provider'' means a person contracting to provide continuing care at a facility. This may be a natural person, partnership, or any other type of business organization, whether organized for profit or not.
XII. ""Resident'' means a person entitled, pursuant to a contract with the provider, to receive continuing care in a facility.
XIII. ""Solicit'' means all actions by a person or provider seeking to have individuals enter into a continuing care agreement. This includes, but is not limited to, mail, telephone, personal contacts, and media advertisements.
XIV. (a) ""Unearned portion of entrance fee'' means that portion of the entrance fee which a provider contracts to return to a resident should the resident decide to leave a facility. This may be nothing, or the contract may call for the provider to ""earn'' a specific percentage of the entrance fee per month.
(b) ""Earned portion of entrance fee'' means that portion of the entrance fee ""earned'' by the provider under the terms of the contract, which the provider may retain.
XV. ""Just cause'' means conduct constituting a criminal offense involving moral turpitude, gross dereliction of duty, or gross abuse of authority.
Source. 1988, 44:2. 1989, 26:1, 2. 2001, 276:6, eff. Sept. 14, 2001.