§ 58-64-25. Contract for continuing care; specifications.
§58‑64‑25. Contract for continuing care; specifications.
(a) Each contract forcontinuing care shall provide that:
(1) The partycontracting with the provider may rescind the contract within 30 days followingthe later of the execution of the contract or the receipt of a disclosurestatement that meets the requirements of this section, and the resident to whomthe contract pertains is not required to move into the facility before theexpiration of the 30‑day period; and
(2) If a resident diesbefore occupying a living unit in the facility, or if, on account of illness,injury, or incapacity, a resident would be precluded from occupying a livingunit in the facility under the terms of the contract for continuing care, thecontract is automatically canceled; and
(3) For rescinded orcanceled contracts under this section, the resident or the resident's legalrepresentative shall receive a refund of all money or property transferred tothe provider, less (i) periodic charges specified in the contract and applicableonly to the period a living unit was actually occupied by the resident; (ii)those nonstandard costs specifically incurred by the provider or facility atthe request of the resident and described in the contract or any contractamendment signed by the resident; (iii) nonrefundable fees, if set out in thecontract; and (iv) a reasonable service charge, if set out in the contract, notto exceed the greater of one thousand dollars ($1,000) or two percent (2%) ofthe entrance fee.
(b) Each contract shallinclude provisions that specify the following:
(1) The totalconsideration to be paid;
(2) Services to beprovided;
(3) The procedures theprovider shall follow to change the resident's accommodation if necessary forthe protection of the health or safety of the resident or the general andeconomic welfare of the residents;
(4) The policies to beimplemented if the resident cannot pay the periodic fees;
(5) The terms governingthe refund of any portion of the entrance fee in the event of discharge by theprovider or cancellation by the resident;
(6) The policy regardingincreasing the periodic fees;
(7) The description ofthe living quarters;
(8) Any religious orcharitable affiliations of the provider and the extent, if any, to which theaffiliate organization will be responsible for the financial and contractualobligations of the provider;
(9) Any property rightsof the resident;
(10) The policy, if any,regarding fee adjustments if the resident is voluntarily absent from thefacility; and
(11) Any requirement, ifany, that the resident apply for Medicaid, public assistance, or any publicbenefit program. (1989, c. 758, s. 1; 1991, c. 196, s. 4.)