New Jersey Statutes 52:27D-332. Definitions
Terms Used In New Jersey Statutes 52:27D-332
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
a. “Application fee” means the fee an individual is charged, in addition to an entrance fee or any other fee, to cover the provider’s reasonable cost for processing the individual’s application to become a resident at the facility. A reasonable application fee shall be established pursuant to regulations adopted by the department.
b. “Commissioner” means the Commissioner of Community Affairs.
c. “Continuing care” means the provision of lodging and nursing, medical, or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges. An individual who is provided continuing care is not related by consanguinity or affinity to the person who provides the care.
d. “Department” means the Department of Community Affairs.
e. “Entrance fee” means a 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 person as a resident in a facility and includes a fee which is refundable upon the death or departure of the resident.
A fee which is less than the sum of the regular periodic charges for one year of residency is not considered an entrance fee for the purposes of this act. A transfer of a sum of money or other property, by or on behalf of a resident, to a trust account which is managed by the facility or an independent trustee for the benefit of the resident is not considered an entrance fee for the purposes of this act if the transfer is not a condition of admission or of continued stay, and the principal amount and any interest thereon are the exclusive and sole property of the resident or the individual acting on behalf of the resident.
f. “Facility” means the place or places in which a person undertakes to provide continuing care to an individual.
g. “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 persons.
h. “Operator or administrator” means a person who operates or manages a facility for the provider.
i. “Provider” means a person who undertakes to provide continuing care in a facility.
j. “Resident” means a person entitled to receive continuing care in a facility.
L.1986, c.103, s.3; amended 2013, c.167, s.8.