§ 51:2173 — Definitions

Louisiana § 51:2173

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§2173. Definitions
For the purposes of this Chapter, the following terms shall have the
following meanings unless the context clearly indicates otherwise:
(1) "Continuing care" or "care" means providing facilities for
independent living and various support services, including health care, whether
such health care services are provided in the facility or in another setting
designated by the agreement for continuing care, to an individual who is
unrelated to the provider, upon payment of an entrance fee and an ongoing
monthly service fee. Direct care with activities of daily living and other
personal services provided shall be designated in the continuing care
agreement. Agreements to provide continuing care include agreements to
provide care to an individual for any duration, including eligibility to remain
in the facility for the balance of his life, as well as those agreements terminable
by either party.
(2) "Continuing care/life care contract" means a contract to provide to
a person, for the duration of the person's life or for a term in excess of one
year, nursing services, medical services, or health related services in addition
to board and lodging for such a person in a facility, conditioned upon transfer
of an entry fee to the provider of such services in addition to the payment of
regular periodic charges for the care and services involved.
(3) "Department" means the Louisiana Department of Health.
(4) "Entrance fee" means an initial or deferred payment of money or
property made as full or partial payment to assure a resident a place in a
facility. An accommodation fee, admission fee, or other fee of similar form
and application shall be considered an entrance fee.
(5) "Home" means the facility or facilities occupied or planned to be
occupied where the provider agrees to provide continuing care pursuant to a
continuing care agreement.
(6) "Living unit" means a room, apartment, cottage, or other area
within a home set aside for the use of residents.
(7) "Manager" means a person, corporation, partnership, association,
or other legal entity, rather than an individual employed by the provider, or an
affiliated corporation or other legal entity controlled by the provider, as a
facility administrator.
(8) "Omission of a material fact" means failure to state a material fact
required to be stated in any disclosure statement or registration.
(9) "Provider" means the person, corporation, partnership, association,
or other legal entity, whether for profit or not, which agrees to provide
continuing care to residents in a home and includes a provider establishing a
new home even though the provider has previously been registered with
respect to other homes.
(10) "Resident" means an individual or individuals who enter into an
agreement with a provider for continuing care at a home.
(11) "Solicit" means all actions of a provider in seeking to have
individuals pay an application fee and enter into a continuing care agreement
by any means including, without limitation, personal, telephone, or mail
communication, or any other communication directed to and received by an
individual and any advertisement in any media distributed or communicated
by any means to individuals.

Legislative History

Acts 1987, No. 483, §1; Acts 1989, No. 445, §1.