Title 24-A, Title 24-A

Any provider who has obtained a certificate of authority from the superintendent and who plans neither to renew existing agreements nor to offer new agreements shall submit a withdrawal plan to the superintendent at least 60 days prior to implementing its proposed plan. The plan …

1. Complaint to District Court. The superintendent may file a complaint with the District Court seeking the suspension or revocation of any certificate of authority issued to a provider under this chapter if the superintendent finds, or the department certifies, that any of the f…

1. General provisions. In addition to such other provisions as may be prescribed by rules promulgated under this chapter, each continuing care agreement executed between a subscriber and a provider shall: A. State the name and business address of the provider; [PL 1987, c. 482, §…

Pursuant to a continuing care agreement, a subscriber may purchase or may be the beneficiary of a purchase of a condominium as defined in Title 33, section 1601‑103, subsection 7. With respect to a continuing care agreement pursuant to which a condominium will be purchased the fo…

As part of the continuing care agreement, a subscriber may purchase or acquire or be the beneficiary of a purchase or acquisition of a membership interest or share or shares in an incorporated or unincorporated group organized on a cooperative basis subject to the requirements of…

1. Disclosure statement required. A provider shall provide a disclosure statement to a prospective subscriber or the person with whom the provider shall enter into an agreement to provide continuing care for the benefit of a prospective subscriber at least 10 days prior to the tr…

1. Right to terminate. A subscriber shall have the right to terminate a continuing care agreement for any reason prior to the date of occupancy by the subscriber or up to one year after the date of occupancy. The provider may reserve the right to terminate the agreement as specif…

No act, agreement or statement of any subscriber constitutes a valid waiver of any of the provisions of this chapter, or any rules under this chapter, intended for the benefit or protection of the subscriber.

No agreement for continuing care shall permit dismissal or permanent discharge of the subscriber from the facility providing care prior to the expiration of the agreement without just cause for such a removal and without providing at least 60 days' advance notice in writing to th…

1. Action for damages. Any subscriber injured by a violation of this chapter may bring an action for the recovery of damages in any court of competent jurisdiction. In those cases, the court may award reasonable attorneys fees to a subscriber in whose favor a judgment is rendered…

The superintendent and the department, as provided in this section, shall administer this chapter and may: [PL 1987, c. 482, §1 (NEW).] 1. Forms. Prescribe, prepare and furnish all necessary forms; 2. Fees. Establish and collect reasonable fees under this chapter; and 3. Rules. A…

A provider shall establish and maintain the following reserves: [PL 1995, c. 625, Pt. A, §29 (NEW).] 1. Mortgage debt. A liquid amount equal to the aggregate amount of all principal and interest payments due during the fiscal year on any mortgage loan or other long-term financing…

Any provider desiring to sell or transfer ownership of a continuing care facility shall notify the superintendent and the acquiring interest shall obtain the superintendent's advance approval of the sale or transfer. The certificate of authority is nontransferable. The new owner …

1. Cease and desist order. The superintendent may issue an order directing a provider to cease and desist from engaging in any act or practice in violation of this chapter. 2. Superior Court. In the case of any violation under this chapter, if the superintendent elects not to iss…

Every provider shall provide to its subscribers within 120 days following the close of its first fiscal year of operation: [PL 1987, c. 482, §1 (NEW).] 1. Statement of financial condition. The most recent certified annual statement of financial condition, including a balance shee…

The provider shall conform its investment strategy to the standards adopted by the superintendent by rule.

All applications, filings and reports required under this chapter shall be treated as public documents, subject to limitations and exceptions provided in Title 1, chapter 13, subchapter I.

Every provider subject to this chapter shall pay to the superintendent the following fees: [PL 1987, c. 482, §1 (NEW).] 1. Initial application. For filing an initial application for a certificate of authority, $1,500; and 2. Annual report. For filing each annual report, $100.

1. Examination by superintendent. The superintendent may make an examination of the affairs of any provider as often as he deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years. 2. Examination by depart…

The provider shall submit an annual report to the superintendent within 120 days after the end of the provider's fiscal year. The annual report shall include: [PL 1987, c. 482, §1 (NEW).] 1. Financial statements. Financial statements of the provider, including, as a minimum, a ba…

No records or assets of the provider related to the organization of the facility and the provision of services under the continuing care agreement may be removed from this State by the provider, except that the superintendent may consent in writing to the removal of those records…

Any rehabilitation, liquidation or conservation of a provider shall be deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducted under the supervision of the superintendent pursuant to the laws governing the rehabilitation, liquid…

The following provisions apply to applicants seeking to obtain a Certificate of Need from the department for the first Continuing Care Retirement Community Demonstration Project, pursuant to Title 22, chapter 103, and the Demonstration Project Rules as adopted by the department o…

1. Individual rights. All residents of continuing care retirement communities have the following rights: A. The right to self-organize; [PL 1995, c. 452, §33 (NEW).] B. The right to be represented by an individual of their own choice; [PL 1995, c. 452, §33 (NEW).] C. The right to…

A resident of a continuing care retirement community may be transferred to a residential care unit or a bed within the skilled nursing facility under the following conditions: [PL 1995, c. 452, §34 (NEW).] 1. Written consent. With the written consent of the resident or the reside…