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Terms Used In Michigan Laws 554.903

  • Change in fees: means a change in either the amount or type of fees for continuing care, including entrance fees and monthly service fees, except for any change in fees mandated by a state or federal referral assistance program. See Michigan Laws 554.903
  • community: means a retirement community in which a person undertakes to provide or arrange for continuing care and which is 1 or more of the following:
  (i) An adult foster care facility. See Michigan Laws 554.903
  • Continuing care: means some or all of the following services:
  •   (i) A living unit. See Michigan Laws 554.903
  • Continuing care agreement: means a written agreement, including a long-term lease or an agreement conferring a life interest, between a member and a continuing care community for continuing care upon payment of an entrance fee. See Michigan Laws 554.903
  • Disclosure statement: means a disclosure statement as required under section 19(1)(c) or that may be required by the department under section 25, as applicable. See Michigan Laws 554.905
  • Entrance fee: means money paid in a lump sum or installments or property transferred pursuant to a continuing care agreement before initiation of continuing care for 1 or more individuals and that confers the right to the continuing care. See Michigan Laws 554.905
  • 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
  • Life interest: means the right, upon payment of an entrance fee, to receive continuing care for life. See Michigan Laws 554.905
  • Living unit: means a physical space within a continuing care community set aside for the exclusive use or control of 1 or more specific members. See Michigan Laws 554.905
  • Member: means an individual who enters into a continuing care agreement with a continuing care community. See Michigan Laws 554.907
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 554.909
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   As used in this act:
      (a) “Administrator” means a person that performs administrative or operational functions within or in connection with the continuing care community.
      (b) “Advertisement or marketing communication” means any disclosure statement, prospectus, pamphlet, circular, form letter, written or electronic advertisement, social media or other sales literature or advertising communication, including a written, printed, or pictorial communication, or a communication by means of a recorded telephone message or message spoken on the radio, television, or similar communications media, intended for distribution or transmission to prospective members in connection with an offer or sale of a continuing care agreement.
      (c) “Amortized component of an entrance fee” means the portion of an entrance fee that is amortizable to reflect the cost of continuing care, multiplied by 1.5% for each month from the time of occupancy to the termination of membership by death or other cause.
      (d) “Applicant” means a continuing care community applying for initial registration under section 19, applying for renewal registration under section 25, or applying to amend a registration under section 33.
      (e) “Change in fees” means a change in either the amount or type of fees for continuing care, including entrance fees and monthly service fees, except for any change in fees mandated by a state or federal referral assistance program.
      (f) “Complete”, with reference to an application, means complete on its face and submitted with any registration fee and any other information, record, approval, or similar item required by law or rule.
      (g) “Continuing care” means some or all of the following services:
      (i) A living unit.
      (ii) Meals.
      (iii) Personal care services.
      (iv) Skilled nursing.
      (v) Rehabilitative services.
      (vi) Medical care.
      (vii) Social activities.
      (viii) Supervision.
      (ix) Program of all-inclusive care for the elderly.
      (x) Continuing care at home.
      (h) “Continuing care agreement” means a written agreement, including a long-term lease or an agreement conferring a life interest, between a member and a continuing care community for continuing care upon payment of an entrance fee.
      (i) “Continuing care at home” means, upon payment of an entrance fee, providing or arranging for the provision of all of the following at the member’s home:
      (i) Continuing care.
      (ii) Access to comprehensive services, including, but not limited to, care coordination, home assessments, and assistance with activities of daily living.
      (iii) Services with a higher level of care when required by the health condition of the member, as determined by the continuing care community in consultation with the member or the member’s representative.
      (j) “Continuing care community” or “community” means a retirement community in which a person undertakes to provide or arrange for continuing care and which is 1 or more of the following:
      (i) An adult foster care facility.
      (ii) A home for the aged.
      (iii) An independent living unit.
      (iv) A nursing home.
      (v) A home health care services agency.
      (vi) Hospice.
      (vii) A place that undertakes to provide care to a member for more than 1 year.
      (k) “Continuing care administration fund” means the fund creation in section 31(3).