§ 37-11-10 Short title
§ 37-11-20 Definitions
§ 37-11-30 Licensing of continuing care retirement community
§ 37-11-35 Continuing care retirement community contracts and agreements
§ 37-11-40 Determination of financial responsibility of applicant for license
§ 37-11-50 Preliminary licenses
§ 37-11-60 Disclosure requirements; retirement community complaint system
§ 37-11-70 Itemized billing requirements
§ 37-11-80 Regulations; examination of affairs of retirement community and health care providers; communities and providers to submit books and records
§ 37-11-90 Certain entrance fees or reservation deposits to be placed in escrow account; release of funds; exemptions from provisions of this section
§ 37-11-95 Approval required prior to declaring or distributing dividend or similar distribution
§ 37-11-100 Disciplinary actions; sanctions; assessment of costs
§ 37-11-105 Financial plan in case of insolvency or danger of insolvency; penalty for failure to implement approved plan
§ 37-11-120 Injunctions; criminal penalties
§ 37-11-125 Enforcement actions
§ 37-11-130 Waiver of certain requirements for certain retirement communities
§ 37-11-135 Exemptions; letter of nonapplicability
§ 37-11-137 Retention and use of funds
§ 37-11-140 Effective date of chapter; exceptions

Terms Used In South Carolina Code > Title 37 > Chapter 11 - Licensing and Regulation of Continuing Care Retirement Communities

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuing care contract: means a contract to provide board or lodging together with nursing, medical, or other health-related services:

    (a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or

    (b) which provides for services for the life of the person or for more than one year, including mutually terminable contracts; and

    (c) which requires payment of an entrance fee or other fee in return for a promise of future care. See South Carolina Code 37-11-20
  • Continuing care retirement community: means a community in which there is furnished, pursuant to a continuing care contract, to two or more persons not related to the administrator or owner of the facility within the third degree of consanguinity, board or lodging together with nursing, medical, or other health-related services, regardless of whether the services or lodging are provided at the same location or not. See South Carolina Code 37-11-20
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the South Carolina Department of Consumer Affairs. See South Carolina Code 37-11-20
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entrance fee: means a payment that assures a resident a place in a facility. See South Carolina Code 37-11-20
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Facility: means the place in which an operator undertakes to provide continuing care to a person. See South Carolina Code 37-11-20
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Health-related services: includes a degree of personal assistance in feeding, dressing, or other essential daily living activities. See South Carolina Code 37-11-20
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 identified residents. See South Carolina Code 37-11-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means the promoter, developer, or owner of a continuing care retirement community or of an institution, building, residence, or other place, whether operated for profit or not, or a person who solicits or undertakes to provide continuing care under a continuing care facility contract. See South Carolina Code 37-11-20
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Resident: means a purchaser of, a nominee of, or a subscriber to a continuing care contract. See South Carolina Code 37-11-20
  • Service of process: The service of writs or summonses to the appropriate party.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trust institution: means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State. See South Carolina Code 37-11-20