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
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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.