TITLE 26

BANKS AND BANKING

CHAPTER 37

IDAHO CONTINUING-CARE DISCLOSURE ACT

26-3703.  Definitions. As used in this chapter:

(1)  "Continuing care" means the furnishing to an individual, other than an individual related by blood, marriage, or adoption to the person furnishing the care, of lodging together with nursing services, medical services, or other health related services, pursuant to an agreement requiring an entrance fee.

(2)  "Department" means the department of finance.

(3)  "Director" means the director of the department of finance or his authorized designee.

(4)  "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 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 six (6) months of residency will not be considered to be an entrance fee for the purposes of this chapter.

(5)  "Facility" means the place or places in which a person undertakes to provide continuing care to an individual.

(6)  "Living unit" means a room, apartment, cottage or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals.

(7)  "Provider" means the promoter, developer, or owner of a continuing care facility, whether a natural person, partnership, unincorporated association, trust, or corporation, or any other person, or that person’s successors or assigns that solicits or undertakes to provide continuing care to the public under a continuing care facility contract.

(8)  "Resident" means an individual entitled to receive continuing care in a facility.

History:

[26-3703, added 2005, ch. 265, sec. 15, p. 816.]