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 […]
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 […]
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 […]
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. […]
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 […]
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, § […]
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 […]
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 […]
The administration of this chapter is vested in the department, which shall: Prepare and furnish all forms necessary under the provisions of this chapter; Collect in advance, and the applicant shall pay in advance at the time of filing, a fee for an application for a certificate of authority or a renewal of a certificate […]
No person may engage in the business of providing continuing care or limited continuing care or issuing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. For purposes of this Code section, the term “engage in the business of” shall include the development […]
Annually, on or before June 1, the provider shall file a revised disclosure statement and such other information and data showing its condition as of the last day of the preceding calendar year or fiscal year of the provider. If the department does not receive the required information on or before June 1, a late […]
In addition to other provisions considered proper to effectuate any continuing care agreement, addendum, or amendment, each such agreement, addendum, or amendment shall be in writing and shall: Provide for the continuing care or limited continuing care of only one resident, or for two persons occupying space designed for double occupancy under appropriate regulations established […]
A provider which has obtained a certificate of authority pursuant to Code Section 33-45-5 and the written approval of the Commissioner is authorized to offer, as a part of the continuing care agreement, continuing care at home or continuing care in which the resident purchases a resident owned living unit, subject to the provisions of […]
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 […]
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 […]
