Arizona Laws 20-1803. Issuance of permit
A. The director shall review applications for completeness and issue a report of deficiencies to the applicant within sixty days of receipt of the application. The director shall issue a permit to the provider within thirty days of the receipt of a completed application and exhibits and payment of the fee by the applicant, and proof of compliance by the applicant with the provisions of sections 20-1804 and 20-1806. If the applicant has already paid the fee as a part of the process to receive a provisional permit under subsection E of this section, this subsection does not establish an additional fee. The director shall issue an order refusing the permit if the applicant does not meet the requirements therefor. The permit shall be subject to the conditions imposed pursuant to sections 20-1804 through 20-1806 allowing the provider to enter into life care contracts with respect to the number of living units and facility and the number of contract holders to be provided services in their private residences described in the application.
Terms Used In Arizona Laws 20-1803
- Contract: A legal written agreement that becomes binding when signed.
- department: means the department of insurance and financial institutions. See Arizona Laws 20-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Life care contract: means a contract to provide to a person for the duration of the person's life or for a term in excess of one year nursing services, medical services or health-related services, as defined in section 36-401, in addition to board and lodging for the person in a facility or services in the person's private residence with the right to future access to services, board and lodging in a facility, conditioned on the transfer of an entrance fee to the provider of such services in addition to or in lieu of the payment of regular periodic charges for the care and services involved. See Arizona Laws 20-1801
- Permit: means a permit to enter into life care contracts issued by the department. See Arizona Laws 20-1801
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Provider: means a person who provides services pursuant to a life care contract. See Arizona Laws 20-1801
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
B. A permit issued under this section shall remain in full force, subject to the provisions of this chapter.
C. A permit issued pursuant to this section shall contain, in a prominent location, a statement that the issuance of a permit pursuant to section 20-1803 does not constitute approval, recommendation or endorsement by the department or director, nor does such a permit evidence the accuracy or completeness of the information set out in the application or the annual report of the provider.
D. All permits shall be nontransferable.
E. The director shall review an application for a provisional permit for completeness and issue a report of deficiencies to the applicant within sixty days of receipt of the application. The director may grant an applicant a provisional permit within thirty days of the receipt of a completed application and exhibits and payment of the fee by the applicant if the applicant has submitted an application containing the information required in section 20-1802, subsection B, paragraphs 1 through 15. Under the provisional permit, the applicant may solicit reservations for residences in the facility and reservations for the provision of services in private residences and collect deposits therefor. The applicant shall establish a trust account in which all reservation deposits shall be placed. The person entering into the contract for a reservation may rescind the agreement at any time prior to entering into the life care contract. In the event the reservation agreement is rescinded, all money or property, including accrued interest thereon, shall be returned to the person.