§ 33-45-8. Portion of Entrance Fee Paid by Resident to Be Held in Escrow Account
Any portion of the entrance fee paid by a resident to the provider shall be held in an escrow account. The escrow agreement shall state that its purpose is to protect the resident or the prospective resident. Escrow funds may be released to the resident, prospective resident, or provider in accordance with the provisions of […]
§ 33-45-9. Provisions of This Chapter Not Subject to Waiver
No act, agreement, or statement of any resident, or of an individual purchasing continuing care or limited continuing care for a resident, under any continuing care agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the […]
§ 33-45-10. Information Disclosure Requirements
Each facility shall maintain as public information, available upon request, a copy of its current disclosure statement and the disclosure and all previous disclosure statements that have been filed with the department. Each facility shall post in a prominent position in the facility, so as to be accessible to all residents and to the general […]
§ 33-45-11. Maintaining Financial Reserves; Requirements
A provider or facility shall maintain financial reserves equal to 25 percent of the total operating costs of the facility projected for the 12 month period following the period covered by the most recent audited financial statements included in the disclosure statement required by Code Section 33-45-10. In addition to total operating expenses, total operating […]
§ 33-45-12. Actions for Recovery of Damages and Attorney’s Fees
Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney’s fees. History. Code 1981, § 33-45-11 , enacted by Ga. L. 1990, p. 1817, § 1; Code 1981, § 33-45-12 , as redesignated by Ga. L. 2011, p. 315, § 1/SB 166. Editor’s notes. […]
§ 33-45-13. Penalties for Violation of Chapter Provisions; Department Authorized to Take Remedial Action, Including Suspension and Revocation of Certificate of Authority
Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care agreement subject to this chapter without a valid certificate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates […]
§ 33-45-14. Period of Applicability of Chapter
Any contract or continuing care agreement executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or continuing care agreement executed on or after July 1, 1991, shall be subject to this chapter. History. Code 1981, § 33-45-12 , enacted by Ga. L. 1990, p. 1817, § […]
§ 33-45-1. Definitions
As used in this chapter, the term: “Continuing care” means furnishing pursuant to a continuing care agreement: Lodging that is not: In a skilled nursing facility, as such term is defined in Code Section 31-6-2; An intermediate care facility, as such term is defined in Code Section 31-6-2; An assisted living community, as such term […]
§ 33-45-2. Use of Powers; Providers or Facilities Charging an Entrance Fee
For the purpose of enforcing the requirements of this chapter, the Commissioner and the department shall be authorized to use the powers granted in Chapters 1 and 2 of this title. A provider or facility which charges a resident an entrance fee for lodging in a residential unit and provides limited continuing care shall not […]
§ 33-45-3. Certificate of Authority Required for Operation of Life Plan Communities
Nothing in this title or chapter shall be deemed to authorize any provider to transact any insurance business other than that of continuing care insurance or limited continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this […]