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Terms Used In Iowa Code 523D.1

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • property: includes personal and real property. See Iowa Code 4.1
  • undertaking: means a promise or security in any form. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1
523D.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “”Commissioner”” means the commissioner of insurance or the deputy appointed under § 502.601.
2. “”Continuing care”” means housing together with supportive services, nursing services, medical services, or other health related services, furnished to a resident, regardless of whether or not the lodging and services are provided at the same location, with or without other periodic charges, and pursuant to one or more contracts effective for the life of the resident or a period in excess of one year, including mutually cancelable contracts, and in consideration of an entrance fee.
3. “”Continuing care retirement community”” means a facility which provides continuing care to residents other than residents related by consanguinity or affinity to the person furnishing their care.
4. “”Entrance fee”” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual in a facility if the amount exceeds either of the following:
a. Five thousand dollars.
b. The sum of the regular periodic charges for six months of residency.
5. “”Facility”” means the place or places in which a provider undertakes to provide continuing care or senior adult congregate living services to an individual.
6. “”Living unit”” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified residents.
7. “”New construction”” means construction of a new facility or the expansion of an existing facility if the expansion involves an increase in the number of living units in excess of twenty-five percent.
8. “”Provider”” means a person undertaking through a lease or other type of agreement to provide care in a continuing care retirement community or senior adult congregate living facility, even if that person does not own the facility.
9. “”Resident”” means an individual, sixty years of age or older, entitled to receive care in a continuing care retirement community or a senior adult congregate living facility.
10. “”Senior adult congregate living facility”” means a facility which provides senior adult congregate living services to residents other than residents related by consanguinity or affinity to the person furnishing their care.
11. “”Senior adult congregate living services”” means housing and one or more supportive services furnished to a resident, with or without other periodic charges, in consideration of an entrance fee.
12. “”Supportive services”” includes but is not limited to one or any combination of the following services: laundry, maintenance, housekeeping, emergency nursing care, activity services, security, dining options, transportation, beauty and barber services, health care, and personal care, including personal hygiene, eating, bathing, dressing, and supervised medication administration.
89 Acts, ch 217, §1; 91 Acts, ch 205, §11
Referred to in §231C.17