Maine Revised Statutes Title 24-A Sec. 6202 – Certificate of authority required
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1. Requirement. No person or entity may offer continuing care in this State except a provider having obtained an appropriate certificate of authority issued by the superintendent pursuant to this chapter and then in full force and effect.
[PL 1987, c. 482, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 6202
- 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
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Health care: means the provision of any one or more of the following services:
A. See Maine Revised Statutes Title 24-A Sec. 6201Maintenance 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Preliminary marketing: means , for the purpose of evaluating market demand for a proposed facility:
A. See Maine Revised Statutes Title 24-A Sec. 6201Provider: 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 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. Use of name. No natural person, partnership, unincorporated association, trust or corporation may use the names “continuing care retirement community” or “life-care community” unless the appropriate certificate of authority has been issued by the superintendent. A life-care community may use either name or both.
[PL 1987, c. 482, §1 (NEW).]
3. Kinds of communities. There are 2 kinds of communities that qualify for certification.
A. To qualify for certification as a life-care community, the provider shall offer a continuing care agreement that explicitly provides all of the following:
(1) Full and lifetime prepaid health care, prepaid supportive services and shelter, as prescribed by the department by rule, which include a true continuum of care from independent living through nursing home care;
(2) The maintenance fee may not increase, regardless of the level of services provided or a change in accommodations, with the following exceptions:
(a) Annual increases in the maintenance fee applicable to all subscribers; and
(b) Any increase in the maintenance fee applicable to a specific subscriber resulting from the voluntary selection of an optional service by that subscriber. An optional service is a service or change in accommodations that is not required to be offered in order to qualify for certification as a life-care community under the department’s rules;
(3) With the exception of maintenance fees and insurance premiums, neither the subscriber nor any 3rd party, other than the subscriber’s insurer, is liable for the cost of health care or supportive services other than optional services as defined in subparagraph (2); and
(4) The provider shall continue to provide full and lifetime health care, supportive services and shelter without diminution to a subscriber who has not intentionally depleted that subscriber’s resources. [PL 1995, c. 452, §6 (AMD).]
B. A provider offering a continuing care agreement that does not qualify for certification as a life-care community, as defined in paragraph A, must be certified as a continuing care retirement community if it complies with the other applicable provisions of this chapter. [PL 1995, c. 452, §6 (AMD).]
[PL 1995, c. 452, §6 (AMD).]
4. Reasonable time to comply. Any provider who is providing continuing care when this chapter takes effect shall be given a reasonable time to comply with this chapter and the rules promulgated pursuant to this chapter, but not later than one year after the effective date of this chapter.
[PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §3 (AMD); PL 1989, c. 343, §23 (AFF).]
5. Statement of withdrawal. Any provider who, as of the effective date of this chapter, has offered continuing care agreements prior to that date and intends not to offer new continuing care agreements or to renew those agreements shall file a statement to that effect with the superintendent.
[PL 1987, c. 482, §1 (NEW).]
6. Preliminary marketing. Upon written approval by the superintendent of the proposed forms of the reservation agreement and the reservation fee escrow agreement referred to in section 6201, subsection 11?A, and prior to applying for a preliminary certificate of authority or a certificate of authority, a prospective provider may engage in preliminary marketing.
[PL 1995, c. 452, §7 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1989, c. 343, §§3,23 (AMD). PL 1995, c. 452, §§6,7 (AMD).