68-1908. Life care contract, defined.
Life care contract means a contract between a continuing care retirement community and a resident of such community or his or her legal representative which:
(1) Includes each of the following express promises:
(a) The community agrees to provide services at any level along the continuum of care levels offered by the community;
(b) The base room fee will not increase as a resident transitions among levels of care, excluding any services or items upon which both parties initially agreed; and
(c) If the resident outlives and exhausts resources to pay for services, the community will continue to provide services at a reduced price or free of charge to the resident, excluding any payments from medicare, the medical assistance program, or a private insurance policy for which the resident is eligible and the community is certified or otherwise qualified to receive; and
(2) Requires the resident to agree to pay an entry fee to the community and to remain in the community for a minimum length of time subject to penalties against the entry fee.
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