Colorado § 11-49-101 - Definitions.

§ 11-49-101. Definitions.

As used in this article 49, unless the context otherwise requires:

(1) "Aged person" means any person sixty-two years of age or older.

(2) "Board" means the financial services board created in section 11-44-101.6.

(3) "Commissioner" means the state commissioner of financial services, serving in accordance with section 11-44-102.

(4) "Community-based continuing care" or "CBCC" means a program providing or committing to provide a range of services to a participant pursuant to a contract effective for the life of the individual and in consideration of the payment of a one-time entrance fee or a monthly fee. "Community-based continuing care" or "CBCC" also means the provision of services to an individual in the individual's private residence, when medically feasible, and providing facility-based long-term care services, when required, either directly or indirectly through affiliated services or contractual arrangements.

(5) "Community-based continuing care entrance fee" or "CBCC entrance fee" means an initial or deferred transfer to a CBCC provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of an individual as a participant.

(6) "Community-based continuing care provider" or "CBCC provider" means a provider who provides or offers to provide community-based continuing care to a participant and has operated a life care institution pursuant to this article 49 for at least three years.

(7) "Entrance fee" means the total of any initial or deferred transfer to or for the benefit of a provider made pursuant to a life care contract, which transfer:

(a) Is made or promised to be made as full or partial consideration for the acceptance or maintenance of a specified individual as a resident in a facility; and

(b) Is in the form of:

(I) Property; or

(II) A sum of money in an amount that is greater than four times the amount of a regular periodic charge under a life care contract at the facility.

(8) "Facility" means the place with living units in which a provider undertakes to provide life care to a resident.

(9) "Life care" means care made available to a resident of a living unit by a provider pursuant to a life care contract, for the life of an aged person, including, but not limited to, services such as health care, nutrition assistance, medical services, board, lodging, nursing services, or other services required by a life care contract.

(10) "Life care contract" means a written contract to provide life care to a person for the duration of the person's life conditioned upon the transfer of an entrance fee to the provider of the services in addition to or in lieu of the payment of regular periodic charges for the life care and services involved. A life care contract under which the entrance fee is payable to or for the provider in four or more installments is subject to the provisions of the "Uniform Consumer Credit Code", articles 1 to 9 of title 5.

(11) "Living unit" means a room, apartment, or other area that is within a facility and set aside for the use of one or more identified residents and within which life care is made available by the provider. A resident's living unit may change based on the appropriate care needs of the resident.

(12) "Participant" means an individual who has entered into a community-based continuing care contract.

(13) "Person" means all corporations, associations, partnerships, or individuals, including fraternal or benevolent orders or societies.

(14) "Private residence" means the place where a CBCC provider provides CBCC to a participant and does not include a living unit or a facility.

(15) (a) "Provider" means a person who undertakes to provide services in a facility pursuant to a life care contract.

(b) "Provider" does not include a unit owners' association, as defined in section 38-33.3-103 (3).

(16) "Range of services" means services that enable a participant to live safely in the participant's private residence.

(17) "Resident" means any person entitled pursuant to a life care contract to receive life care in a facility.

(18) "Third-party service providers" means any person, other than a provider, who is the holder of a management contract with a provider or who contracts with a provider to provide life care services to residents.

Source: L. 2017: Entire article added with relocations, (SB 17-226), ch. 159, p. 567, § 1, effective August 9. L. 2024: (4), (6), (7), (8), and (10) amended, (HB 24-1381), ch. 350, p. 2388, § 58, effective August 7. L. 2025: Entire section amended, (HB 25-1184), ch. 210, p. 945, § 1, effective August 6.

Editor's note: This section is similar to former § 12-13-101 as it existed prior to 2017.