Sec. 7.5. (a) This section does not apply to a
continuing care retirement community registered before July 1, 2009.
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Terms Used In Indiana Code 23-2-4-7.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Continuing care agreement: means the following:
Indiana Code 23-2-4-1
- Continuing care retirement community: includes both of the following:
Indiana Code 23-2-4-1
- Provider: means a person that agrees to provide care under a continuing care agreement. See Indiana Code 23-2-4-1
- Resident: means an individual who is entitled to receive benefits under a continuing care agreement. See Indiana Code 23-2-4-1
- Termination: refers to the cancellation of a continuing care agreement under this chapter. See Indiana Code 23-2-4-1
(b) A continuing care agreement may be terminated for any of the following reasons:
(1) The provider has determined that the resident is inappropriate for living in the care setting.
(2) The resident is unable to fully pay the periodic charges because the resident inappropriately divested the assets and income the resident identified at the time of admission to meet the ordinary and customary living expenses for the resident.
(3) Providing assistance to the resident would jeopardize the financial solvency of the provider and the other residents being served by the provider.
(4) The resident has requested a termination of the agreement as allowed under the agreement.
As added by P.L.153-2009, SEC.9.