Sec. 3.
As used in this act:
(a) "Administrator" means a person that performs administrative or operational functions within or in connection with the continuing care community.
(b) "Advertisement or marketing communication" means any disclosure statement, prospectus, pamphlet, circular, form letter, written or electronic advertisement, social media or other sales literature or advertising communication, including a written, printed, or pictorial communication, or a communication by means of a recorded telephone message or message spoken on the radio, television, or similar communications media, intended for distribution or transmission to prospective members in connection with an offer or sale of a continuing care agreement.
(c) "Amortized component of an entrance fee" means the portion of an entrance fee that is amortizable to reflect the cost of continuing care, multiplied by 1.5% for each month from the time of occupancy to the termination of membership by death or other cause.
(d) "Applicant" means a continuing care community applying for initial registration under section 19, applying for renewal registration under section 25, or applying to amend a registration under section 33.
(e) "Change in fees" means a change in either the amount or type of fees for continuing care, including entrance fees and monthly service fees, except for any change in fees mandated by a state or federal referral assistance program.
(f) "Complete", with reference to an application, means complete on its face and submitted with any registration fee and any other information, record, approval, or similar item required by law or rule.
(g) "Continuing care" means some or all of the following services:
(i) A living unit.
(ii) Meals.
(iii) Personal care services.
(iv) Skilled nursing.
(v) Rehabilitative services.
(vi) Medical care.
(vii) Social activities.
(viii) Supervision.
(ix) Program of all-inclusive care for the elderly.
(x) Continuing care at home.
(h) "Continuing care agreement" means a written agreement, including a long-term lease or an agreement conferring a life interest, between a member and a continuing care community for continuing care upon payment of an entrance fee.
(i) "Continuing care at home" means, upon payment of an entrance fee, providing or arranging for the provision of all of the following at the member's home:
(i) Continuing care.
(ii) Access to comprehensive services, including, but not limited to, care coordination, home assessments, and assistance with activities of daily living.
(iii) Services with a higher level of care when required by the health condition of the member, as determined by the continuing care community in consultation with the member or the member's representative.
(j) "Continuing care community" or "community" means a retirement community in which a person undertakes to provide or arrange for continuing care and which is 1 or more of the following:
(i) An adult foster care facility.
(ii) A home for the aged.
(iii) An independent living unit.
(iv) A nursing home.
(v) A home health care services agency.
(vi) Hospice.
(vii) A place that undertakes to provide care to a member for more than 1 year.
(k) "Continuing care administration fund" means the fund creation in section 31(3).
History: 2014, Act 448, Eff. Apr. 2, 2015
Last modified: October 10, 2016