§ 23-93-204. Issuance of license
The State Insurance Department shall issue a license upon its affirmative determination that all of the following requirements have been met: (1) The provider can fulfill its obligation under the life care contract if the resident complies with the terms of the offer; (2) There is reasonable assurance that all proposed improvements can be completed […]
§ 23-93-205. Violations
(a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has: (1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter; (2) Failed to file an annual disclosure statement or standard […]
§ 23-93-206. Fees
(a) (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State. (2) In the event living units are added […]
§ 23-93-105. Rules
The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules as are reasonably necessary for the enforcement of the provisions of this subchapter.
§ 23-93-106. Disclosure statement — Contents
(a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an initial disclosure statement to the State Insurance Department. This statement shall contain all of the following information: (1) The name and business address of the provider and a statement as to […]
§ 23-93-107. Disclosure statement — Review
(a) The State Insurance Department shall review the filed disclosure document for the following: (1) The completeness of the filing; and (2) The manner and method of computing the reserve. (b) The Insurance Commissioner shall notify a provider of any deficiency in the filing within sixty (60) days from the date of filing. If the […]
§ 23-93-108. Continuing care contracts — Minimum requirements
(a) A continuing care contract shall be written in clear and understandable language. (b) A continuing care contract shall, at a minimum: (1) Describe the facility’s admission policies, including age, health status, and minimum financial requirements, if any; (2) Describe the health and financial conditions required for a person to continue to be a resident; […]
§ 23-93-101. Title
This subchapter shall be known and may be cited as the “Continuing Care Provider Regulation Act”.
§ 23-93-102. Legislative intent — Applicability
(a) The General Assembly recognizes that continuing care communities have become an important and necessary alternative for the long-term residential, social, and health maintenance needs for many of the state’s elderly citizens. (b) The General Assembly recognizes the need for full disclosure of important facts to an appropriate regulatory agency of the state. Accordingly, the […]
§ 23-93-103. Definitions
As used in this subchapter: (1) “Commissioner” means the Insurance Commissioner; (2) (A) “Continuing care” means the furnishing of independent living units to individuals and: (i) Furnishing nursing care or personal care services under an agreement, whether the nursing care or personal care services are provided in the facility or in another setting designated by […]