Title 37, Consumer Protection Code

The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter.

The department may waive any of the requirements of Section 37-11-30(B) for a continuing care retirement community in operation as of the effective date of this chapter.

A facility that does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department. A facility that has obtained a letter of nonapplicability …

All funds collected by the department pursuant to this chapter must be retained and used to implement the provisions of this chapter.

(A) The provisions of Section 37-11-35 do not apply to a continuing care contract entered into before the effective date of this chapter. (B) The provisions of subsection (A) do not limit the department's authority to deny, suspend, or revoke a license or assess a monetary penalt…

As used in this chapter unless the context otherwise requires: (1) "Department" means the South Carolina Department of Consumer Affairs. (2) "Continuing care retirement community" means a community in which there is furnished, pursuant to a continuing care contract, to two or mor…

(A) A continuing care retirement community must not be operated or advertised, and a reservation deposit or an entrance fee must not be collected unless the appropriate license is obtained first from the department as provided in this chapter and any regulation promulgated pursua…

(A) A continuing care contract and a reservation agreement must be in writing and must meet minimum standards for readability established by the department. Standards must include, but are not limited to, standards on general organization of text, text readability, type size, typ…

(A) Within sixty days of the receipt of a completed application for a license, the department shall determine whether the continuing care retirement community is financially responsible and can meet its obligations to residents or prospective residents. (B) In making this determi…

(A) The department shall issue a preliminary license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, it determines that: (1) the feasibility study satisfies the requirements in Section 37-11-40(B) and demonstrates the projec…

At the time of, or before, the execution of a contract to provide continuing care, or the transfer of money or other property to an operator by or on behalf of a prospective resident, whichever occurs first, the operator shall deliver a current disclosure statement to the person …

A continuing care retirement community subject to the provisions of this chapter is required to furnish an item-by-item billing for all charges to the resident or the person paying the bill upon his request unless the items and charges are included in the continuing care contract…

The department shall promulgate regulations in accordance with the Administrative Procedures Act as it considers necessary to carry out the purposes of this chapter. The department may make an examination of the affairs of a continuing care retirement community and the health car…

(A) A continuing care retirement community is exempt from the provisions of this section if: (1) it has been operating for at least five years; (2) for the previous six months it has maintained at least the minimum occupancy rate estimated in its financial feasibility study to ac…

(A) An operator shall obtain approval from the department before declaring or distributing a dividend or similar distribution which generates a retained deficit or increases an existing retained deficit. (B) The department's approval required under subsection (A) must be given wi…