SB124
Sponsored By: Denise Ricciardi (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
16 provisions identified: 12 benefits, 1 costs, 3 mixed.
CCRC closures: notice, relocation, or refunds
Starting Jan. 1, 2026, providers must report a planned temporary or permanent closure to state agencies as soon as known and at least 120 days before it happens, with a written plan for each resident. For permanent closures, residents get at least 120 days’ notice and a relocation plan at least 90 days before; if possible, you must be offered one option such as moving to another CCRC or taking the refundable part of your entrance fee. For temporary closures of 9 to under 18 months, providers must give at least 60 days’ notice, hold required meetings, ensure comparable care and housing, and return you without extra monthly fees beyond your contract.
Plain contracts and clear CCRC disclosures
Every continuing care contract must be approved, in plain language, and show entrance fees, what services are included versus extra, refund formulas, a 15‑day rescission, and whether Medicare or Medicaid are accepted. The department must approve a disclosure statement before use, and you must get the disclosure and contract at least 24 hours before you sign or pay. Disclosures must list key ownership, services, all fees, refund and reserve rules, and audited financial statements (unless waived). If a provider contracts without authority, fails to deliver disclosures, or gives misleading disclosures, they owe damages, entrance fees with interest, attorneys’ fees, and other prepaid fees.
Stronger resident contract and dismissal rights
Providers cannot dismiss a resident before the contract ends, except for just cause or urgent safety reasons. If dismissal happens, at least the unearned part of the entrance fee must be refunded, minus any unpaid charges. You may cancel your contract for any reason with 90 days’ notice. The commissioner can investigate unfair dismissals. If you signed before January 1, 1989, you can ask to update your contract to today’s protections.
Stronger solvency backstops to protect residents
Providers must keep liquid reserves at least equal to the next 12 months of principal and interest plus 60 days of operating expenses. The commissioner can record a lien on provider property without a court order to protect residents, and any foreclosure must be used to satisfy continuing care contracts. If a provider is insolvent or breaks reserve rules, the court can let a trustee run the facility or order liquidation, with resident contract claims paid first.
Entrance fee escrows and wait-list rules
Entrance fees paid before move‑in over $1,000 go into an approved escrow account, with interest at a market rate. For previously occupied units, escrow is not needed if occupancy is over 80%, days cash on hand are over 100, and there are no key violations. Wait‑list deposits are refundable and amounts over 10% of the entrance fee must be escrowed; any maintenance fee is capped at $1,500. If your refundable entrance fee came from selling a New Hampshire home, up to $120,000 (single) or $240,000 (couple) is protected from creditors.
Stronger enforcement and appeals for CCRCs
The commissioner can revoke, deny, or suspend a provider’s certificate for fraud, unsafe finances, or other violations. In emergencies, the commissioner can act first and hold a hearing after. Starting January 1, 2026, intentional violators face criminal charges (misdemeanor for people, felony for entities). Anyone harmed by a revocation or refusal gets a hearing and can appeal under RSA 541.
Continuing care at home: options and rules
Providers can offer continuing care while you stay in your own home, if they hold a certificate, run a New Hampshire facility, and get written approval that the offering is financially sound. Providers must oversee and be responsible for any third‑party home services and make sure helpers are licensed or certified. A clinical reassessment is required before move‑in, and providers must keep a New Hampshire business location to handle questions and complaints. Providers must file the contract form with the state at least 30 days before use.
Limits on CCRC sales and cash transfers
Providers must get approval before selling or transferring a material portion of assets or control. This means over 10% of assets or over 50% of beneficial interests; ownership changes over 5% need new biographical affidavits. For‑profit providers need approval to pay dividends or move money to affiliates unless all are true: over 80% independent living occupancy, over 100 days cash on hand, and transfer under 10% of total assets in any 12 months. Affiliate management contracts must be disclosed; the commissioner has 30 days to object.
Stronger cancel and refund rights for CCRC residents
You can cancel a continuing care contract without penalty within 15 days and get deposits back, minus an application fee and itemized costs. After 15 days, you can still cancel anytime with 90 days’ written notice. Providers can end a contract only for listed reasons and must give at least 60 days’ written notice, unless there is a present danger. Refunds of unearned or guaranteed refundable entrance fees are due within 45 days after the cancellation period ends or after a new resident pays, whichever is later. In urgent cases, a doctor’s written finding may support removal, and either side may get a second medical opinion at their own expense.
Tougher oversight and penalties for providers
Providers must file full applications, report material changes within 30 days, and the state makes non‑confidential filings available. Annual financial reports are due within 120 days of year‑end, and quarterlies are due within 45 days. If a provider misses filings or shows signs of insolvency, the department can demand a financial plan in 60 days and decide on it in 30 days. Starting Jan. 1, 2026, the department can issue stop orders, levy civil penalties, define certain acts as violations, take providers to court, and collect unpaid penalties. Also starting Jan. 1, 2026, anyone can file complaints, the commissioner can investigate inside or outside New Hampshire, and providers are examined at least once every five years.
CCRC sales: notice and resident safeguards
Residents must get written notice at least 120 days before a CCRC is sold or transferred, unless urgent conditions shorten the time. If the buyer does not take all continuing care obligations at closing, the seller must set a trust, bond, or other security the commissioner accepts. Providers can pledge unencumbered assets as collateral if they follow New Hampshire law, get any required approval, and tell the commissioner about new liens.
Keep CCRC records and assets in‑state
Starting January 1, 2026, providers must keep their records and assets in New Hampshire. Removal needs the commissioner’s written consent and must save money without reducing service or protection. Remote electronic storage counts as in‑state if records are easy to access. Providers and affiliates must follow state and federal privacy rules, and the commissioner can order records returned.
Certificate required for continuing care providers
Providers must have a state certificate before they take money or offer continuing care in New Hampshire. They may only take non‑binding deposits up to $1,000. Certificates cannot be transferred; any change in control needs commissioner approval. These licensing rules apply statewide beginning January 1, 2026.
Residents' bill of rights and voice
You must receive a written residents’ bill of rights before you buy an independent living unit, and it must be posted. You can self‑organize, pick a representative, and get outside medical, legal, or financial advice. The provider must meet with residents or representatives at least once a year and give at least two weeks’ notice. At least one governing board seat must be reserved for a qualified resident trustee, subject to board rules.
New state oversight fees on providers
Starting January 1, 2026, the Insurance Department charges providers fees to run this program. The department sets the amounts by rule, and the fees must cover administration costs.
Older charitable CCRCs can opt into law
Some facilities that were under the director of charitable trusts on Jan. 1, 1989 are exempt from this chapter. Any such facility may make a one‑time, irrevocable choice to come under these protections by applying for a permanent certificate of authority.
Sponsors & Cosponsors
Sponsor
Denise Ricciardi
Republican • Senate
Cosponsors
Howard Pearl
Republican • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Signed by the Governor on 08/01/2025; Chapter 0296; Effective 01/01/2026
8/4/2025SenateEnrolled (in recess of) 06/26/2025 HJ 18 P. 64
7/18/2025HouseEnrolled Adopted, VV, (In recess 06/26/2025); SJ 18
7/18/2025SenateEnrolled Bill Amendment # 2025-2904e Adopted, VV, (In recess of 06/26/2025); SJ 18
7/8/2025SenateEnrolled Bill Amendment # 2025-2904e: AA VV (in recess of) 06/26/2025 HJ 18 P. 60
7/7/2025HouseOught to Pass: MA VV 06/05/2025 HJ 16 P. 4
6/5/2025HouseCommittee Report: Ought to Pass 05/27/2025 (Vote 16-0; CC) HC 27 P. 7
5/28/2025HouseExecutive Session: 05/27/2025 01:15 pm LOB 302-304
5/21/2025HouseSubcommittee Work Session: 05/07/2025 10:00 am LOB 302-304
4/30/2025HousePublic Hearing: 04/23/2025 01:15 pm LOB 302-304
4/16/2025HouseIntroduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 111
3/28/2025HouseOught to Pass with Amendment #2025-0790s, MA, VV; OT3rdg; 03/20/2025; SJ 8
3/20/2025SenateCommittee Amendment # 2025-0790s, AA, VV; 03/20/2025; SJ 8
3/20/2025SenateCommittee Report: Ought to Pass with Amendment # 2025-0790s, 03/20/2025; Vote 5-0; CC; SC 13
3/11/2025SenateHearing: 02/19/2025, Room 100, SH, 09:15 am; SC 10
2/12/2025SenateIntroduced 01/09/2025 and Referred to Health and Human Services; SJ 3
1/22/2025Senate
Bill Text
As Amended
7/8/2025
Enrolled
7/7/2025
Introduced
1/22/2025
CHAPTERED FINAL VERSION
Version adopted by both bodies
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