Georgia Code, Title 33, Chapter 45 - Continuing Care Providers and Facilities

• § 33-45-1 - Definitions
  As used in this chapter, the term: (1) "Continuing care" means furnishing pursuant to a continuing care agreement: (A) Lodging that is not: (i)...
• § 33-45-2 - Use of Powers; Providers or Facilities Charging an Entrance Fee
  (a) For the purpose of enforcing the requirements of this chapter, the Commissioner and the department shall be authorized to use the powers granted...
• § 33-45-3 - Certificate of Authority Required for Operation of Continuing Care Facilities
  (a) Nothing in this title or chapter shall be deemed to authorize any provider to transact any insurance business other than that of continuing...
• § 33-45-4 - Administration by Insurance Department
  The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this...
• § 33-45-5 - Application for Approval or Renewal of Certificate of Authority
  No person may engage in the business of providing continuing care or limited continuing care or issuing continuing care agreements in this state without...
• § 33-45-6 - Annual Revised Disclosure Statement; Statement to Be Made Available to All Residents of Facility; Submission of Other Necessary Information As Determined by Commissioner
  (a) Annually, on or before June 1, the provider shall file a revised disclosure statement and such other information and data showing its condition...
• § 33-45-7 - Requirements for Continuing Care Agreements, Addenda, and Amendments
  (a) In addition to other provisions considered proper to effectuate any continuing care agreement, addendum, or amendment, each such agreement, addendum, or amendment shall...
• § 33-45-7.1 - Provider Authorized to Offer Continuing Care When Resident Purchases Resident Owned Living Unit
  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...
• § 33-45-8 - Portion of Entrance Fee Paid by Resident to Be Held in Escrow Account
  (a) Any portion of the entrance fee paid by a resident to the provider shall be held in an escrow account. The escrow agreement...
• § 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...
• § 33-45-10 - Information Disclosure Requirements
  (a) Each facility shall maintain as public information, available upon request, a copy of its current disclosure statement and the disclosure and all previous...
• § 33-45-11 - Maintaining Financial Reserves; Requirements
  (a) A provider or facility shall maintain financial reserves equal to 25 percent of the total operating costs of the facility projected for the...
• § 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.
• § 33-45-13 - Penalties for Violation of Chapter Provisions; Department Authorized to Take Remedial Action, Including Suspension and Revocation of Certificate of Authority
  (a) Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into,...
• § 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...

Last modified: October 14, 2016