§ 23-59-1. Definitions. As used in this chapter: (1) “Continuing care” means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, […]
§ 23-59-10. Untrue, deceptive, or misleading advertising. The provisions of chapter 13.1 of title 6 shall apply to all providers. History of Section.P.L. 1987, ch. 101, § 1.
§ 23-59-11. Right of residents to organize — Meetings. (a) Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents’ organization. The provider shall be required to provide to the organization a copy of all submissions to the department. (b) The board […]
§ 23-59-12. Civil liability. (a) A person contracting with a provider for continuing care may terminate the continuing care contract, and the provider shall be liable to the person contracting for continuing care for repayment of all fees paid to the provider, facility, or person violating this chapter, together with interest thereon at the legal […]
§ 23-59-13. Special provisions for existing providers — Rights of residents with certain existing providers. (a) Providers existing prior to June 18, 1987 shall comply with this chapter’s provisions within six (6) months of that date. However, the department may extend the period within which an existing facility shall comply with this chapter for an […]
§ 23-59-14. Rules and regulations. (a) The department shall have the authority to adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this chapter. The department may issue regulations setting forth those transactions which shall require the payment of fees by a provider and the fees […]
§ 23-59-15. Investigations and subpoenas. (a) The department may make public or private investigations within or outside of this state it deems necessary to determine whether any person has violated any provision of this chapter or any rule, regulation, or order promulgated by the department. (b) For the purpose of any investigation or proceeding under […]
§ 23-59-16. Cease and desist orders — Injunctions. Whenever it appears to the department that any person has engaged in, or is about to engage in, any act or practice constituting a violation of this chapter or any rule, regulation, or order issued under this chapter, the department may: (1) Issue an order directed at […]
§ 23-59-17. Penalties. Any person who willfully and knowingly violates any provision of this chapter, or any rule, regulation, or order issued under this chapter, shall be subject to payment of a fine in the sum of one thousand dollars ($1,000). History of Section.P.L. 1987, ch. 101, § 1.
§ 23-59-2. Registration. (a) Except as provided in § 23-59-13, no provider shall engage in the business of providing or offering to provide continuing care at a facility in this state unless the provider has registered with the department with respect to the facility. (b) A registration statement shall be filed with the department by […]
§ 23-59-3. Disclosure statement. (a) The disclosure statement of each facility shall contain all of the following information unless the information is contained in the continuing care contract and a copy of that contract is attached to and made a part of the initial disclosure statement: (1) The name and business address of the provider […]
§ 23-59-4. Availability of disclosure statement to prospective residents. At least three (3) days prior to the execution of a continuing care contract or the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever first occurs, the provider shall deliver to the person with whom […]
§ 23-59-5. Annual disclosure statements. (a) Within four (4) months following the end of the provider’s fiscal year, each provider shall file with the department and make available by written notice to each resident at no cost an annual disclosure statement which shall contain the information required for the initial disclosure statement set forth in […]
§ 23-59-6. Resident’s contract. (a) In addition to other provisions considered proper to effect the purpose of any continuing care contract, each contract executed on or after June 18, 1987 shall: (1) Provide for the continuing care of only one resident, or for two (2) or more persons occupying space designed for multiple occupancy, under […]
§ 23-59-7. Sale or transfer of ownership or change in management. (a) No provider and no person or entity owning a provider shall sell or transfer, directly or indirectly, more than fifty percent (50%) of the ownership of the provider or of a continuing care facility without giving the department written notice of the intended […]
§ 23-59-8. Financial instability. The department may act as authorized by § 23-59-16 to protect residents or prospective residents when the department determines that: (1) A provider has been or will be unable, in such a manner as may endanger the ability of the provider to fully perform its obligations pursuant to its continuing care […]
§ 23-59-9. Waivers. No act, agreement, or statement of any resident or by an individual purchasing care for a resident under any 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 individual purchasing care for […]
