Maine Revised Statutes Title 24-A Sec. 6201 – Definitions
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As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 482, §1 (NEW).]
1. Actuary. “Actuary” means a member of the American Academy of Actuaries who is also a member of the Society of Actuaries or the Casualty Actuarial Society and is qualified to sign a statement of actuarial opinion.
[PL 1987, c. 482, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 6201
- Actuary: means a member of the American Academy of Actuaries who is also a member of the Society of Actuaries or the Casualty Actuarial Society and is qualified to sign a statement of actuarial opinion. See Maine Revised Statutes Title 24-A Sec. 6201
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Continuing care: means furnishing shelter for the life of the individual or for a period in excess of one year and either health care, supportive services, or both, under an agreement requiring prepayment as defined in subsection 12, whether or not the shelter and services are provided at the same location, to 3 or more older individuals not related by blood or marriage to the providers. See Maine Revised Statutes Title 24-A Sec. 6201
- Continuing care agreement: means the contract or contracts which create the obligation to provide continuing care, including, but not limited to, mutually terminable contracts. See Maine Revised Statutes Title 24-A Sec. 6201
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 24-A Sec. 6201
- Entrance fee: means an initial payment of a sum of money or any other consideration that assures a subscriber a place in a facility for a term of years or for life. See Maine Revised Statutes Title 24-A Sec. 6201
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Facility: means a physical plant in which continuing care is provided in accordance with this chapter. See Maine Revised Statutes Title 24-A Sec. 6201
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fiscal year: means the provider's fiscal year. See Maine Revised Statutes Title 24-A Sec. 6201
- Health care: means the provision of any one or more of the following services:
A. See Maine Revised Statutes Title 24-A Sec. 6201Home health services: means those services performed by home health care providers required to be licensed under Title 22, chapter 419. See Maine Revised Statutes Title 24-A Sec. 6201 Maintenance fee: means any fee which a subscriber is required to pay to the provider on a regular basis to cover the cost of shelter, health care or supportive services, or any combination thereof, provided to the subscriber. See Maine Revised Statutes Title 24-A Sec. 6201 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operational facility: means a facility for which the provider has obtained a final certificate of authority from the superintendent and 60% of the residential units are occupied by subscribers. See Maine Revised Statutes Title 24-A Sec. 6201 Preliminary marketing: means , for the purpose of evaluating market demand for a proposed facility:
A. See Maine Revised Statutes Title 24-A Sec. 6201Prepayment: means funding shelter, supportive services or health care entirely or in part by entrance fees or by maintenance fees paid more than one year prior to the time the shelter or service is rendered. See Maine Revised Statutes Title 24-A Sec. 6201 Provider: means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. See Maine Revised Statutes Title 24-A Sec. 6201 Records: means the financial and other information and personnel data maintained by the provider for the proper operation of the facility pursuant to this chapter. See Maine Revised Statutes Title 24-A Sec. 6201 Residential unit: means an apartment, room or other area within a facility set aside for the exclusive and independent living use of one or more identified subscribers. See Maine Revised Statutes Title 24-A Sec. 6201 Subscriber: means a purchaser or beneficiary of a continuing care agreement. See Maine Revised Statutes Title 24-A Sec. 6201 Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201 Supportive services: means providing assistance in the activities of daily living or other social services, or both. See Maine Revised Statutes Title 24-A Sec. 6201 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Continuing care. “Continuing care” means furnishing shelter for the life of the individual or for a period in excess of one year and either health care, supportive services, or both, under an agreement requiring prepayment as defined in subsection 12, whether or not the shelter and services are provided at the same location, to 3 or more older individuals not related by blood or marriage to the providers.
[PL 1987, c. 482, §1 (NEW).]
3. Continuing care agreement. “Continuing care agreement” means the contract or contracts which create the obligation to provide continuing care, including, but not limited to, mutually terminable contracts.
[PL 1987, c. 482, §1 (NEW).]
4. Department. “Department” means the Department of Health and Human Services.
[PL 1987, c. 482, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
5. Entrance fee. “Entrance fee” means an initial payment of a sum of money or any other consideration that assures a subscriber a place in a facility for a term of years or for life. An accommodation fee, admission fee, entrance loan or other fee of similar form and application, even if refundable in whole or in part at the termination of the subscriber’s contract, is considered to be an entrance fee. The purchase price of a condominium, or of a share or shares of or membership in, a consumer cooperative subject to Title 13, chapter 85, subchapter I or a cooperative affordable housing corporation subject to Title 13, chapter 85, subchapter I?A is not considered an entrance fee.
[PL 1995, c. 452, §2 (AMD).]
6. Facility. “Facility” means a physical plant in which continuing care is provided in accordance with this chapter.
[PL 1987, c. 482, §1 (NEW).]
7. Fiscal year. “Fiscal year” means the provider’s fiscal year.
[PL 1987, c. 482, §1 (NEW).]
8. Health care. “Health care” means the provision of any one or more of the following services:
A. Physician services; [PL 1987, c. 482, §1 (NEW).]
B. Home health services; [PL 1987, c. 482, §1 (NEW).]
C. Access to or provision of nursing home care; or [PL 1987, c. 482, §1 (NEW).]
D. Hospital care. [PL 1987, c. 482, §1 (NEW).]
[PL 1987, c. 482, §1 (NEW).]
9. Home health services. “Home health services” means those services performed by home health care providers required to be licensed under Title 22, chapter 419.
[PL 1987, c. 482, §1 (NEW).]
10. Maintenance fee. “Maintenance fee” means any fee which a subscriber is required to pay to the provider on a regular basis to cover the cost of shelter, health care or supportive services, or any combination thereof, provided to the subscriber.
[PL 1987, c. 769, Pt. A, §101 (AMD).]
11. Operational facility. “Operational facility” means a facility for which the provider has obtained a final certificate of authority from the superintendent and 60% of the residential units are occupied by subscribers.
[PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §1 (AMD); PL 1989, c. 343, §23 (AFF).]
11-A. Preliminary marketing. “Preliminary marketing” means, for the purpose of evaluating market demand for a proposed facility:
A. Advertising of a proposed facility; [PL 1995, c. 452, §3 (NEW).]
B. Entering of reservation agreements, which are cancelable at the option of either the prospective subscriber or the prospective provider; [PL 1995, c. 452, §3 (NEW).]
C. Soliciting, collecting or receiving reservation fees, which:
(1) Are sums of money not in excess of $1,000 per prospective resident paid by a prospective resident for deposit in escrow in an interest-bearing account with interest accruing for the benefit of the prospective resident and in accordance with section 6203?B, subsection 1, paragraphs A, C, D, E and F;
(2) Are refundable on request of a prospective subscriber; and
(3) Are not considered deposits for purposes of this chapter; and [PL 1995, c. 452, §3 (NEW).]
D. Constructing and maintaining a sales office and model units. [PL 1995, c. 452, §3 (NEW).]
[PL 1995, c. 452, §3 (NEW).]
12. Prepayment. “Prepayment” means funding shelter, supportive services or health care entirely or in part by entrance fees or by maintenance fees paid more than one year prior to the time the shelter or service is rendered. Prepayment of health care also includes funding by entrance fees or by maintenance fees which do not vary with the level of care provided.
[PL 1987, c. 482, §1 (NEW).]
13. Provider. “Provider” means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. If the facility is owned by the subscribers, then “provider” means the operator of the facility.
[PL 1995, c. 452, §4 (AMD).]
14. Records. “Records” means the financial and other information and personnel data maintained by the provider for the proper operation of the facility pursuant to this chapter.
[PL 1987, c. 482, §1 (NEW).]
14-A. Residential unit.
[PL 1989, c. 343, §2 (NEW); PL 1989, c. 343, §23 (RP).]
14-B. Residential unit. “Residential unit” means an apartment, room or other area within a facility set aside for the exclusive and independent living use of one or more identified subscribers.
[PL 1995, c. 452, §5 (NEW).]
15. Subscriber. “Subscriber” means a purchaser or beneficiary of a continuing care agreement.
[PL 1987, c. 482, §1 (NEW).]
16. Supportive services. “Supportive services” means providing assistance in the activities of daily living or other social services, or both. Supportive services does not refer to services of the type commonly provided to tenants in a conventional apartment building.
[PL 1987, c. 769, Pt. A, §101 (AMD).]
17. Superintendent. “Superintendent” means the Superintendent of Insurance.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1987, c. 769, §A101 (AMD). PL 1989, c. 343, §§1,2,23 (AMD). PL 1995, c. 452, §§2-5 (AMD). PL 2003, c. 689, §B6 (REV).