North Carolina § 58-64-1 - Definitions.

§ 58-64-1. Definitions.

As used in this Article, unless otherwise specified: Continuing care. - The furnishing to an individual other than an individual related by blood, marriage, or adoption to the person furnishing the care, of lodging together with nursing services, medical services, or other health related services, under a contract approved by the Department in accordance with this Article effective for the life of the individual or for a period longer than one year. "Continuing care" may also include home care services provided or arranged by a provider of lodging at a facility to an individual who has entered into a continuing care contract with the provider but is not yet receiving lodging. Entrance fee. - A payment that assures a resident a place in a facility for a term of years or for life. Facility. - The retirement community or communities in which a provider undertakes to provide continuing care to an individual. Health-related services. - At a minimum, nursing home admission or assistance in the activities of daily living, exclusive of the provision of meals or cleaning services. Home care services. - Defined in G.S. 131E-136. Living unit. - A room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified residents. Lodging. - A living unit as set forth in a contract approved by the Department in accordance with this Article. Provider. - The promoter, developer, or owner of a facility, 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, or any other person, that solicits or undertakes to provide continuing care under a continuing care facility contract, or that represents himself, herself, or itself as providing continuing care or "life care." Resident. - A purchaser of, a nominee of, or a subscriber to, a continuing care contract. Hazardous financial condition. - A provider is insolvent or in eminent danger of becoming insolvent. History (1989, c. 758, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 45; 1991, c. 720, ss. 2, 39; 1999-132, ss. 2.2, 2.3; 2010-128, s. 2.) Editor's Note. - Session Laws 1989, c. 758, s. 3 initially provided that the act should not be construed to obligate the General Assembly to make any appropriations to implement the provisions of the act, and would not become effective unless monies necessary to implement this act were appropriated. The necessary appropriations were made in Session Laws 1989, c. 752, s. 3. Furthermore, Session Laws 1989, c. 758, s. 5, as amended by Session Laws 1989 (Reg. Sess., 1990), c. 1024, s. 45, provided that nothing in the act would be construed to affect the authority of the Department of Human Resources otherwise provided by law to license or regulate any health service facility or domiciliary service facility. However, Session Laws 1991, c. 720, s. 2, repealed ss. 3 and 5 of Chapter 758 and s. 45 of Chapter 1024 of the 1989 Session Laws. Effect of Amendments. - Session Laws 2010-128, s. 2, effective July 21, 2010, in subdivision (1), substituted "under a contract approved by the Department in accordance with this Article" for "under an agreement" in the first sentence, and added the last sentence; added subdivisions (4a) and (5a); and made minor stylistic changes throughout the section.