Rhode Island General Laws 23-59-1. Definitions
As used in this chapter:
(1) “Continuing care” means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee and/or periodic charges. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under the contract, if nursing services are offered to the resident entering the contract either at the facility in question or pursuant to arrangement specifically offered to residents of the facility.
(2) “Department” means the Rhode Island state department of health.
(3) “Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee.
(4) “Facility” means the place or places in which a person undertakes to provide continuing care to an individual.
(5) “Provider” means any person, corporation, partnership, or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. Two or more related individuals, corporations, partnerships, or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility.
(6) “Resident” means an individual entitled to receive continuing care in a facility.
(7) “Solicit” means all actions of a provider or the provider’s agent in seeking to have individuals enter into continuing care agreement by any means such as, but not limited to, personal, telephone, or mail communication or any other communication directed to and received by an individual, and any advertisements in any media distributed or communicated by any means to individuals.
History of Section.
P.L. 1987, ch. 101, § 1.
Terms Used In Rhode Island General Laws 23-59-1
- Continuing care: means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee and/or periodic charges. See Rhode Island General Laws 23-59-1
- 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 Rhode Island state department of health. See Rhode Island General Laws 23-59-1
- Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. See Rhode Island General Laws 23-59-1
- Facility: means the place or places in which a person undertakes to provide continuing care to an individual. See Rhode Island General Laws 23-59-1
- 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.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Provider: means any person, corporation, partnership, or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. See Rhode Island General Laws 23-59-1
- Resident: means an individual entitled to receive continuing care in a facility. See Rhode Island General Laws 23-59-1