Title 33, Chapter 45, Section 1
( 33-45-1)
As used in this chapter, the term: (1) "Continuing care" or "care" means furnishing pursuant to an
agreement shelter, food, and either nursing care or personal
services, whether such nursing care or personal services are
provided in the facility or in another setting designated by the
agreement for continuing care, to an individual not related by
consanguinity or affinity to the provider furnishing such care
upon payment of an entrance fee. Other personal services provided
shall be designated in the continuing care agreement. Agreements
to provide continuing care include agreements to provide care for
any duration, including agreements that are terminable by either
party. (2) "Entrance fee" means an initial or deferred payment of a sum
of money or property made as full or partial payment to assure the
resident a place in a facility. An accommodation fee, admission
fee, or other fee of similar form and application shall be
considered to be an entrance fee. (3) "Facility" means a place in which it is undertaken to provide
continuing care. (4) "Licensed" means that the provider has obtained a certificate
of authority from the department. (5) "Personal services" means, but is not limited to, such
services as: individual assistance with eating, bathing, grooming,
dressing, ambulation, and housekeeping; supervision of
self-administered medication; arrangement for or provision of
social and leisure services; arrangement for appropriate medical,
dental, nursing, or mental health services; and other similar
services which the department may define. "Personal services"
shall not be construed to mean the provision of medical, nursing,
dental, or mental health services by the staff of a facility. (6) "Provider" means the owner or operator, whether a natural
person, partnership, or other unincorporated association, however
organized, trust, or corporation, of an institution, building,
residence, or other place, whether operated for profit or not,
which owner or operator undertakes to provide continuing care for
a fixed or variable fee, or for any other remuneration of any
type, whether fixed or variable, for the period of care, payable
in a lump sum or lump sum and monthly maintenance charges or in
installments. (7) "Resident" means a purchaser of or a nominee of or a
subscriber to a continuing care agreement. Such an agreement may
not be construed to give the resident a part ownership of the
facility in which the resident is to reside unless expressly
provided for in the agreement. |