§2173. Definitions

For the purposes of this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Continuing care" or "care" means providing facilities for independent living and various support services, including health care, whether such health care services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual who is unrelated to the provider, upon payment of an entrance fee and an ongoing monthly service fee. Direct care with activities of daily living and other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care to an individual for any duration, including eligibility to remain in the facility for the balance of his life, as well as those agreements terminable by either party.

(2) "Continuing care/life care contract" means a contract to provide to a person, for the duration of the person's life or for a term in excess of one year, nursing services, medical services, or health related services in addition to board and lodging for such a person in a facility, conditioned upon transfer of an entry fee to the provider of such services in addition to the payment of regular periodic charges for the care and services involved.

(3) "Department" means the Louisiana Department of Health.

(4) "Entrance fee" means an initial or deferred payment of money or property made as full or partial payment to assure a resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered an entrance fee.

(5) "Home" means the facility or facilities occupied or planned to be occupied where the provider agrees to provide continuing care pursuant to a continuing care agreement.

(6) "Living unit" means a room, apartment, cottage, or other area within a home set aside for the use of residents.

(7) "Manager" means a person, corporation, partnership, association, or other legal entity, rather than an individual employed by the provider, or an affiliated corporation or other legal entity controlled by the provider, as a facility administrator.

(8) "Omission of a material fact" means failure to state a material fact required to be stated in any disclosure statement or registration.

(9) "Provider" means the person, corporation, partnership, association, or other legal entity, whether for profit or not, which agrees to provide continuing care to residents in a home and includes a provider establishing a new home even though the provider has previously been registered with respect to other homes.

(10) "Resident" means an individual or individuals who enter into an agreement with a provider for continuing care at a home.

(11) "Solicit" means all actions of a provider in seeking to have individuals pay an application fee and enter into a continuing care agreement by any means including, without limitation, personal, telephone, or mail communication, or any other communication directed to and received by an individual and any advertisement in any media distributed or communicated by any means to individuals.

Acts 1987, No. 483, §1; Acts 1989, No. 445, §1.