Section 26-A8299. DEFINITIONS

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed:

Act – the Continuing Care Retirement Communities Act of 2004, effective April 6, 2005 (D.C. Law 15-270; D.C. Official Code § 44-151.01 et seq.)(2005 Supp.)

Break even – to have sufficient executed resident agreements to assure the financial stability of a continuing care facility and to have projected revenues that are at least equal to projected expenses.

Commissioner – the Commissioner of the Department of Insurance, Securities, and Banking.

Continuing care facility – a building, or complex of buildings under common management at one (1) or more sites where continuing care services are provided.

Continuing care services – the continuum of care, ranging from independent living to assisted living to nursing home care, provided pursuant to a contract for the life of the individual purchasing the services or for a period of not less than one (1) year.

Development stage facilities – the beginning of the legal commitment to develop a continuing care facility up to the point when residents are admitted to reside in the facility.

Disclosure statement – a document containing all the information required by section 105 of the Act.

Entrance fee – a payment that assures a resident a place in a continuing care facility for a term of at least one (1) year or life.

Health related services – domiciliary (rest home) care or care provided at homes for the aged, skilled or intermediate nursing, nursing home or rest home admission, or priority admission into a facility, unit, or bed providing any of the above-named services.

Health units/beds – beds in the health center (also known as the nursing home) component of the continuing care facility that are occupied by a resident having been referred to that level of care by a hospital (as on discharge) or by a physician.

Independent living units – a room, apartment, cottage, or other area within a continuing care facility set aside for the exclusive use or control of one (1) or more identified residents who do not need specialized health care services beyond general preventative health care.

Negative fund balance – a financial position of a provider or continuing care facility in which the assets of a provider or continuing care facility do not exceed its liabilities, under generally accepted accounting principles.

Provider – the promoter, developer, or owner, whether a natural person, partnership or other unincorporated association, however organized, trust, or corporation, whether or not operated for profit, or any other person, that solicits or undertakes to provide continuing care services.

authority

The Commissioner of the Department of Insurance, Securities and Banking, pursuant to the authority set forth in section 7 of the Continuing Care Retirement Communities Act of 2004, effective April 6, 2005 (D.C. Law 15-270; D.C. Official Code § 44-151.01 et seq.)(2005 Supp.)(“Act”).

source

Notice of Final Rulemaking published at 53 DCR 1399 (February 24, 2006); as amended by Corrected Notice of Final Rulemaking published at 53 DCR 8475, 8484 (October 20, 2006).