New HampshireSB1242025-2026 Regular SessionSenateWALLET

relative to continuing care retirement communities.

Sponsored By: Denise Ricciardi (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 5 benefits, 0 costs, 6 mixed.

Seniors get care details before signing

Providers must give prospective residents an approved disclosure statement and contract at least 24 hours before agreement or first payment. These documents must use plain English and explain services, fees, refunds, escrow, finances, ownership, management, and facility details. Providers generally must submit updated disclosures within 30 days after a material change. The Insurance Department must keep provider applications and amendments. The public can review records that are not confidential or proprietary during ordinary business hours.

State can intervene to protect residents

The commissioner can deny, suspend, or revoke provider certificates for violations, financial hazards, misleading claims, or risks to residents. Notice and a hearing generally come first; urgent action requires a hearing as soon as possible afterward. The commissioner can place liens on provider property without prior court approval when needed to protect residents. Foreclosure is limited to protecting entrance fees, health, or safety, and proceeds must satisfy existing continuing care contracts. Providers can pledge facility assets without existing liens as collateral with required state approval, and must report additional liens.

Seniors can receive continuing care at home

Certified providers can offer continuing care at home before a resident moves into a facility. Providers need written approval of financial soundness and resident protections, plus a New Hampshire facility where residents have service rights. They must oversee home services, use qualified outside providers, and arrange a clinical reassessment before a facility move. Providers must submit the contract for approval at least 30 days before signing. They must maintain a New Hampshire business location, hold required licenses, and remain in good standing without action under the chapter's enforcement rules.

Entrance fees get protected escrow accounts

When the Insurance Department requires escrow, providers must keep covered entrance fees in a separate protected account. Covered payments generally include entrance fees paid before occupancy or amounts totaling more than $1,000, unless exempt. Payments generally enter escrow on the first business day after receipt and earn market-rate interest until release. Release depends on cancellation periods and financial or occupancy tests for existing units, or financing and construction tests for new units. Unreleased funds must be returned after five years, but the commissioner can grant a two-year extension on written application.

Seniors can cancel new care contracts

State-approved contracts and amendments must explain fees, services, refunds, transfers, termination, and available care. Residents can cancel without penalty through written notice sent or delivered by midnight on the 15th calendar day after both sides sign. Deposits are refunded promptly, and entrance-fee refunds are due within 45 days of written cancellation, subject to disclosed charges. Providers can retain an application fee below one month's periodic payment and documented costs specifically requested by the resident. Before move-in, death or medically certified incapacity requires a full refund apart from that application fee, except for home-based continuing care contracts. Periodic payment changes generally require 60 days' notice, except changes required by state or federal assistance programs.

Which retirement care contracts get protections

New Hampshire's continuing care rules cover contracts for life or more than one year. The contract must require an entrance fee over $10,000 or periodic charges. Coverage can include lodging, meals, and care before a resident moves into a facility. Facilities that reported to or were supervised by the director of charitable trusts on January 1, 1989, are exempt. An exempt facility can choose coverage through a permanent certificate, but that choice cannot be reversed.

Refundable wait-list deposits can carry fees

Compliant providers can take nonbinding wait-list deposits, credited toward the entrance fee or refunded on request before that fee is paid. Deposits over 10% of the entrance fee require escrow. Smaller deposits can avoid escrow only with at least 80% independent-living occupancy, 100 days of cash, and legal and loan compliance. Providers can charge a maintenance fee up to $1,500, adjustable by the commissioner; hold fees count toward entrance fees and remain refundable during cancellation. Providers must explain estimated wait-list position and escrow status, and contact existing deposit holders within one year of the chapter's effective date and every three years afterward.

Residents get contract exit and refund rules

Residents can end their contract for any reason with 90 days' written notice. Providers generally must give 60 days' notice and use listed grounds, including health, welfare, safety, nonpayment, or contract violations. Outside the initial cancellation period, refunds can wait for a replacement resident and remain subject to contract terms and allowed deductions. Refunds generally are due within 45 days after the later of the replacement resident's cancellation period ending or receipt of their entrance fee. Urgent cases allow reasonable notice; either side can pay for a second medical assessment before removal or court action.

Independent-living residents get written rights

Providers must give independent-living residents a bill of rights before they purchase a unit and post it prominently. Rights include respectful treatment, independence, safe use of homes and shared spaces, and choice about joining activities. Residents can form an advisory association or council. These groups advise the provider but do not control its management or governance.

Retirement providers must hold financial reserves

Providers must hold qualifying liquid assets covering the next 12 months' principal and interest on qualifying long-term financing. They must also hold 60 days of operating expenses; newer providers combine actual expenses with projections for remaining months. Signed quarterly reports are due within 45 days and cover financial ratios, reserves, occupancy, and material loan compliance. Sworn annual reports are due within 120 days and include financial statements, projections, disclosures, reserve calculations, and management analysis; audited statements can be waived for cause. Actuarial reviews are required in the first full fiscal year with residents and every five years, except where contracts carry no uncertain future health-cost risk.

Retirement care providers need state approval

Providers need a state certificate before seeking money, accepting payments, or providing care, except for nonbinding deposits up to $1,000. Applications must include ownership and financial records, a five-year budget, a financial feasibility study, and proposed contracts and disclosures. They also need disaster plans, health-data and cybersecurity certification, and property-owner documents and consent when the provider is not the owner. Certificate transfers, including changes in control, need approval; providers must report material application changes within 30 days and request an amendment. Providers pay an application fee set through rulemaking; the law does not state an amount.

Sponsors & Cosponsors

Sponsor

  • Denise Ricciardi

    Republican • Senate

Cosponsors

  • Howard Pearl

    r • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by the Governor on 08/01/2025; Chapter 0296; Effective 01/01/2026

    8/4/2025Senate
  2. Enrolled (in recess of) 06/26/2025 HJ 18 P. 64

    7/18/2025House
  3. Enrolled Adopted, VV, (In recess 06/26/2025); SJ 18

    7/18/2025Senate
  4. Enrolled Bill Amendment # 2025-2904e Adopted, VV, (In recess of 06/26/2025); SJ 18

    7/8/2025Senate
  5. Enrolled Bill Amendment # 2025-2904e: AA VV (in recess of) 06/26/2025 HJ 18 P. 60

    7/7/2025House
  6. Ought to Pass: MA VV 06/05/2025 HJ 16 P. 4

    6/5/2025House
  7. Committee Report: Ought to Pass 05/27/2025 (Vote 16-0; CC) HC 27 P. 7

    5/28/2025House
  8. Executive Session: 05/27/2025 01:15 pm LOB 302-304

    5/21/2025House
  9. Subcommittee Work Session: 05/07/2025 10:00 am LOB 302-304

    4/30/2025House
  10. Public Hearing: 04/23/2025 01:15 pm LOB 302-304

    4/16/2025House
  11. Introduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 111

    3/28/2025House
  12. Ought to Pass with Amendment #2025-0790s, MA, VV; OT3rdg; 03/20/2025; SJ 8

    3/20/2025Senate
  13. Committee Amendment # 2025-0790s, AA, VV; 03/20/2025; SJ 8

    3/20/2025Senate
  14. Committee Report: Ought to Pass with Amendment # 2025-0790s, 03/20/2025; Vote 5-0; CC; SC 13

    3/11/2025Senate
  15. Hearing: 02/19/2025, Room 100, SH, 09:15 am; SC 10

    2/12/2025Senate
  16. Introduced 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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