New Hampshire § 420-D-12 - Section 420-D:12 Contracts With Residents.

§ 420-D-12. Section 420-D:12 Contracts With Residents.

I. Each continuing care contract, and any amendments, between a provider and a resident shall be approved by the commissioner and shall: (a) Be written in plain, non-technical language. (b) Cover only one resident, or 2 if jointly liable and shall include the total amount paid by the resident, or on behalf of the resident, to the provider as an entrance fee. If securities or real or personal property are transferred to the provider instead of cash, the provider shall describe the securities, property, or other goods transferred and the market value of securities or the professional appraised value of property or goods as of the date they were tendered. (c) State specifically and in full detail all services and goods to be provided to the resident including the location where services and goods will be provided, the duration of such services, and how often they are to be provided. The contract shall also describe which services or goods are included in the continuing care agreement, or life care agreement, and which services or goods will be made available by the provider at an extra cost to the resident. (d) State the conditions upon which the provider may terminate the continuing care agreement and remove the resident from the unit and the conditions upon which a resident may terminate the continuing care agreement. A statement of the unearned portion of the entrance fee to be returned under each condition shall also be included. (e) Describe conditions required for a person to continue as a resident. (f) Describe any conditions under which a resident delinquent in his or her periodic payments may remain in his or her unit and on the premises and if there is a specific time limit after which the resident must vacate the unit and the entire premises. (g) State the entrance fees and periodic payment changes that may occur if a resident marries or if a spouse joins a unit. The continuing care agreement shall also state the fee changes that may occur if either one of the 2 people who occupy the same living unit dies or otherwise leaves the unit. (h) Describe the terms and conditions under which a provider or a resident may cancel a continuing care agreement. The contract shall also state that a minimum of 60 days' notice to the resident to terminate shall be given, or that if there are exigent circumstances, only reasonable notice shall be required. (i) Describe in clear detail all the terms under which a continuing care contract is canceled upon the departure or death of a resident. (j) State how the entrance fees are earned as of the death of a resident after occupancy, and what portion, if any, shall be paid to the estate of the resident, and the formula for calculating such amounts. (k) Describe the conditions under which periodic payments may change. The continuing care contract shall state that a 60-day notice is required before a change in periodic payments shall take effect, except those periodic payments required by federal or state assistance programs. (l) State that periodic payments for care paid in a lump sum shall not be changed during the period covered, unless the resident is receiving federal or state assistance and the change is mandated by those programs. (m) Provide a rescission period of the first 15 days during which a prospective resident may cancel the continuing care contract after both parties execute it and that the refund will be reduced by any payments due under the continuing care contract. (n) Describe under what conditions a resident may be transferred to another living unit or another part of the facility together with the financial adjustments to be made as a result of such changes. (o) Except for contracts described under RSA 420-D:3-a, provide for full refund, except any initial non-refundable application fee of less than one month's periodic payment, if, before occupancy, death occurs or if there is a medically certified incapacity preventing move in. (p) Provide for a separate written disaster recovery plan, which shall be made available to all residents. (q) Explain whether the CCRC provides assisted living, skilled nursing care, or nursing home care or accepts Medicaid or Medicare as a source of payment for these services. II. (a) No continuing care contract issued pursuant to this section shall allow unilateral dismissal of a resident prior to the end of the contractual period or life of the resident, except for just cause as provided in the contract or if exigent circumstances exist. In such cases, the minimum refund shall be the unearned portion of the entrance fee in the contract with the resident, less any outstanding charges. The resident may cancel the continuing care contract on 90 days' notice for any reason. After cancellation, any refund due under any contract shall be subject to RSA 420-D:10-a. (b) The commissioner or his designee may investigate and may intervene prior to a dismissal if requested by the resident, at the discretion of the commissioner. If the commissioner finds that a resident is being or has been unjustly dismissed, the commissioner may issue a cease-and-desist order prohibiting the provider from dismissing the resident.