420-D:1 Definitions. – In this chapter: I. [Repealed.] II. "Commissioner" means the insurance commissioner. III. " Continuing care " or " life care " means furnishing or promising to furnish to a person, other than one who is related by consanguinity or affinity up to, but not including, the third degree, services that shall […]
420-D:10 Entrance Fee Escrow Account. – I. An escrow account for entrance fees shall be established and approved by the commissioner before a certificate of authority under this chapter shall be issued. Entrance fees paid by prospective residents before occupancy of a facility living unit or by prospective residents under a contract issued pursuant […]
420-D:11 Pledging Assets. – Only unencumbered assets of a facility may be pledged as collateral for another facility. Source. 1988, 44:2, eff. Jan. 1, 1989.
420-D:12 Contracts With Residents. – I. Each contract between a provider and a resident shall: (a) Be written in plain, non-technical language. (b) Cover only one resident, or 2 if sharing the same unit, and shall include the total amount transferred by the resident, or on behalf of the resident, to the provider. If […]
420-D:13 Transfer or Sale of Interest. – I. Any provider who plans to sell or otherwise transfer control, whether partial or entire, or an interest in the management or assets of a continuing care community certified under this chapter shall notify the commissioner of the proposed change. The notification shall specify the amount of […]
420-D:14 Waiver Prohibited. – Contracts entered into prior to the date the provider receives the certificate of authority are valid and binding for those providers offering or providing continuing care on January 1, 1989; except that a resident or a prospective resident who has signed a contract prior to that date may request that […]
420-D:15 Right to Organize and to Obtain Outside Consultation. – I. All residents have the right to self-organize, the right to be represented by an individual of their own choice, and the right to engage in concerted activities for their own purposes. They shall have the right both individually and severally to obtain outside […]
420-D:16 Rehabilitation or Liquidation. – I. The commissioner may, if it is in the best interest of the residents, petition the appropriate court to appoint a trustee to rehabilitate or liquidate a facility. Such rehabilitation or liquidation shall occur only if the commissioner finds, after proper notice and hearing, any of the following: (a) […]
420-D:17 Rulemaking. – The commissioner shall adopt rules pursuant to RSA 541-A and after public hearing, relative to: I. Procedures for application for a certificate of authority under RSA 420-D:2. II. [Repealed.] III. Any application fees required under RSA 420-D:2. IV. Procedures and fees for the renewal process under RSA 420-D:3. V. Manner of […]
420-D:18 Dividends. – A provider subject to this chapter shall obtain prior approval from the commissioner before declaring and distributing any dividends or funds or other assets to owners. Source. 1988, 44:2, eff. Jan. 1, 1989.
420-D:19 Repealed by 2001, 276:6, II, eff. Sept. 14, 2001. –
420-D:2 Certificate of Authority. – I. No person or provider may solicit funds, accept payments of any kind, or otherwise engage in providing any form of continuing care without a certificate of authority issued under this chapter. An application for a certificate shall include the proposed disclosure statement required under RSA 420-D:4 and in […]
420-D:20 Civil Liability. – I. In the following circumstances, a provider or his agent shall be liable for damages, entrance fees with any accrued interest, and attorneys’ fees, plus any other fees paid in advance of receipt of services: (a) If the provider or agent enters into contracts for continuing care for a facility […]
420-D:21 Investigations; Subpoenas. – The commissioner may make such investigations as he or she deems necessary both within and outside the state in accordance with the provisions of RSA 400-A:16 and RSA 400-A:20 through RSA 400-A:22. Source. 1988, 44:2, eff. Jan. 1, 1989. 2016, 111:6, eff. May 20, 2016.
420-D:22 Records and Assets to be Kept Within State. – All records and assets of a provider shall be established and kept in the state of New Hampshire and shall not be removed from this state by a provider or his agent unless agreed to in writing by the commissioner prior to such removal. […]
420-D:23 Audits. – The commissioner or the commissioner’s agent shall audit the books and records of a facility subject to this chapter once every 5 years, or more frequently as the commissioner deems necessary to assure the accuracy of reports to him or her taking into consideration other independent audits required under this chapter. […]
420-D:24 Cease and Desist Orders. – If it appears that any person subject to this chapter has engaged or is about to engage in acts violating this chapter or any rule adopted pursuant to it, the commissioner may issue an order to cease and desist and bring court action to enforce compliance or enjoin […]
420-D:25 Fees. – The commissioner shall charge providers subject to this chapter a fee for services rendered to them by the department of insurance. The fees shall be established and adopted by rule under RSA 541-A and shall be sufficient to cover the costs of administering this chapter. Source. 1988, 44:2, eff. Jan. 1, […]
420-D:26 Criminal Penalties. – Any person, partnership, association or corporation, including state or county or local governmental units or any division, department, board or agency thereof, establishing, conducting, managing, or operating any facility within the meaning of this chapter without first obtaining a certificate as provided in this chapter, or who violates any rule […]
420-D:27 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are […]
