Title XXXVII, Insurance

I. Each continuing care contract, and any amendments, between a provider and a resident shall be approved by the commissioner and shall: (a) Be written in plain, non-technical language. (b) Cover only one resident, or 2 if jointly liable and shall include the total amount paid by…

I. The provider shall adopt the following bill of rights for residents of an independent living unit in a CCRC and shall provide a copy of the bill of rights to each resident prior to their purchase of such unit. The bill of rights shall be prominently displayed at one or more lo…

I. A provider shall notify the commissioner prior to the proposed sale or transfer to a third party of a material portion of the provider's assets or beneficial interests, or of a proposed transfer of control of the provider. For purposes of this section, "material portion of the…

Contracts entered into prior to the date the provider receives the certificate of authority are valid and binding for those providers offering or providing continuing care on January 1, 1989; except that a resident or a prospective resident who has signed a contract prior to that…

I. In addition to and as part of the bill of rights, all residents shall have the right to self-organize, the right to be represented by an individual of their own choice, and the right to engage in concerted activities for their own purposes. Residents shall have the right both …

I. The department may require a provider to submit a financial plan, if either of the following applies: (a) A provider fails to file a complete annual report. (b) The department has reason to believe that the provider is insolvent, is in imminent danger of becoming insolvent, is…

I. The commissioner may, if it is in the best interest of the residents, petition a court of competent jurisdiction to appoint a trustee to rehabilitate or liquidate a facility. Such rehabilitation or liquidation shall occur only if the commissioner finds, after proper notice and…

I. Each resident may, upon 90-days' written notice, cancel the resident's continuing care agreement for any reason. II. Each resident shall be provided at least 60-days' written notice from the provider if the resident's continuing care contract is being canceled for just cause. …

I. Upon cancellation of the continuing care contract by either the resident or the provider, the resident shall have the right to receive a refund of the amount of any unearned entrance fee as provided in the continuing care contract or as otherwise provided by law. The amount of…

The commissioner may adopt rules pursuant to RSA 541-A to implement this chapter.

A provider shall obtain prior approval from the commissioner before declaring and distributing any dividends, if a for-profit entity, or, except as noted below, transferring any cash, dividends, or any other funds or assets of the provider to an affiliate of any entity. Notwithst…

I. In the following circumstances, a provider or his agent shall be liable for damages, entrance fees with any accrued interest, and attorneys' fees, plus any other fees paid in advance of receipt of services: (a) If the provider or agent enters into contracts for continuing care…

I. No person or provider may solicit funds other than non-binding deposit fees of not more than $1,000, accept payments of any kind, or otherwise engage in providing any form of continuing care without acquiring and maintaining a certificate of authority issued by the commissione…

I. Temporary and permanent closures shall be reported to the department and the department of health and human services as soon as the provider determines one is necessary, but no later than 120 before such closure is scheduled to occur. The provider must submit a written plan to…

I. Any person may, at any time, file a complaint with the department concerning any matter governed by RSA 420-D. The complaint may be written or oral. The department may also institute an investigation on its own initiative for just cause. II. If the department determines or has…

The commissioner may make such investigations as he or she deems necessary both within and outside the state in accordance with applicable law.

I. All records and assets of a provider shall be established and kept in the state of New Hampshire and shall not be removed from this state by a provider or his or her agent unless agreed to in writing by the commissioner prior to such removal. The commissioner shall consent to …

The commissioner or the commissioner's agent shall examine the books and records of a provider subject to this chapter at least once every 5 years, or more frequently as the commissioner deems necessary to assure the accuracy of reports, taking into consideration other independen…

The commissioner shall charge providers subject to this chapter a fee for services rendered to them by the department of insurance. The fees shall be established and adopted by rule under RSA 541-A and shall be sufficient to cover the costs of administering this chapter.

Any person, partnership, association, corporation, limited liability company, affiliate, or non-profit, including state, county, or local governmental units, or any division, department, board, or agency thereof who intentionally violates any provision of RSA 420-D or who fraudul…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the p…

I. Certificates of authority shall continue in effect until revoked by the commissioner. Certificates are non-transferable to another provider or affiliate either directly or through a change in control. All transfers shall be approved by the commissioner. The commissioner shall …

I. A provider may contract to provide continuing care to a resident who remains at home and does not move immediately into a facility if the provider: (a) Holds a certificate of authority issued under this chapter to provide continuing care. (b) Owns and operates a facility locat…

I. A disclosure statement shall be approved by the department prior to delivery to any prospective resident. Each provider shall provide each prospective resident with a current disclosure statement and a current continuing care contract, which have previously been approved by th…

Every continuing care contract shall contain the following notice in 10-point bold face type or larger, directly above the space provided before the signature of the resident: NOTICE TO THE RESIDENT: YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT OR AGREEMENT BY SENDING OR DELIVERING…

I. The commissioner may revoke, deny, or suspend a certificate of authority upon notice and hearing, which hearing notice may be waived if there are exigent circumstances requiring the commissioner to act without a hearing such hearing to be held as soon as possible after action …

Any person aggrieved by the action of the commissioner or the commissioner of the department of health and human services in revoking, suspending, or refusing to grant or reissue a certificate has the right to a hearing and appeal in accordance with the provisions of RSA 541.

I. Annually, 120 days after the end of each fiscal year, a provider shall submit a report to the commissioner relative to the financial condition of the provider together with any other information required by the commissioner. The commissioner may require more frequent reports o…

I. The following financial statements shall be submitted quarterly by the 45th day after the end of the quarter as follows: (a) Capital expenditures as a percentage of depreciation ratio (CED). (b) Unrestricted cash and investments to long-term debt ratio (CD). (c) Days cash on h…

I. Each provider shall establish and maintain liquid reserves in an amount equal to or exceeding: (a) The total of all principal and interest due during the next 12 months on account of any long-term financing of the provider or facility in qualifying assets, "qualified assets"; …

In addition to other remedies, the commissioner may file a lien on all real and personal property of a provider if the commissioner deems it necessary to protect the interests of the residents. Such lien shall be effective for the period determined necessary by the commissioner a…