216 R.I. Code R. 216-RICR-20-15-5.2

Current through December 26, 2024
Section 216-RICR-20-15-5.2 - Definitions
A. Wherever used in this Part the following terms shall be construed as follows:
1. "Act" means the R.I. Gen. Laws Chapter 23-59 entitled, "Continuing Care Provider Registration and Disclosure."
2. "Continuing Care" means providing or committing to provide board, lodging and nursing services to an individual, other than an individual related by blood or marriage:
a. pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and
b. in consideration of the payment of an entrance fee and/or periodic charges. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such contract, if nursing services are offered to the resident entering such contract either at the facility in question or pursuant to arrangement specifically offered to residents of the facility.
3. "Certified Public Accountant" or "CPA" means an individual licensed in Rhode Island pursuant to the provisions of R.I. Gen. Laws Chapter 5-3 or licensed in another state with similar standards for such licensure which are acceptable to the state agency who meets the criteria set forth in §5.3.2 of this Part.
4. "Department" means the Rhode Island State Department of Health.
5. "Director" means the Director of the Rhode Island Department of Health or his designee.
6. "Entrance Fee" means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee.
7. "Facility" means the place or places in which a person (Continuing Care Provider) undertakes to provide continuing care to an individual pursuant to contractual arrangement(s) with a facility(ies) licensed under the provisions of R.I. Gen. Laws Chapter 23-17.
8. "Provider" means any person, corporation, partnership or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. Two or more related individuals, corporations, partnerships or other entities may be treated as a single provider, if they cooperate in offering services to the residents of a facility.
9. "Resident" means an individual entitled to receive continuing care in a facility.
10. "Solicit" means all actions of a provider or his agent in seeking to have individuals enter into continuing care agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by an individual, and any advertisements in any media distributed to communicate by any means to an individual. The term "solicit" shall not include marketing or feasibility studies, or any communication with an individual at the request of, or initiated by, that individual in regard to a continuing-care contract not intended to be executed in this state.

216 R.I. Code R. 216-RICR-20-15-5.2