New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES
Subchapter 6 - CONTRACTS
Section 5:19-6.4 - Provisions required
Universal Citation: NJ Admin Code 5:19-6.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A continuing care agreement shall be written in clear and plain language understandable by a lay person, and shall include, but not be limited to, the following:
1. A provision for the continuing care of one
resident, or two or more residents occupying space designed for multiple
occupancy under appropriate procedures established by the provider, and a
statement showing the value of all property transferred, including donations,
subscriptions, fees and any other amounts payable by, or on behalf of, the
resident;
2. A statement on a form
provided by the Department specifying all services which are to be provided to
the resident by the provider including, in detail, all items which the resident
will receive such as food, shelter, nursing care, pharmaceuticals and burial
and whether the items will be provided for a designated period of time or for
life;
3. A description of the
health and financial conditions upon which the provider may have the resident
relinquish his space in the designated facility;
4. A description of the health and financial
conditions required for a person to continue as a resident;
5. A description of the circumstances under
which the resident shall be permitted to remain in the facility in the event of
financial difficulties of the resident. The stated policy may not be less than
the terms stated in
5:19-6.5(f) and
(g);
6. A statement of the fees that will be
charged if the resident marries a person who is not a resident of the facility,
the terms concerning the entry of a spouse into the facility and the
consequences if the spouse does not meet the requirements for entry;
7. A statement in clear, bold type at least
as large as the largest type in the contract:
i. Advising the resident that the agreement
may be cancelled upon giving at least 60 days' notice by the provider or the
resident, except that if an agreement is cancelled by the provider because
there has been a good faith determination in writing, signed by the medical
director and the administrator of the facility, that a resident is a danger to
himself or others, only notice that is reasonable under the circumstances is
required;
ii. Advising that the
resident shall be provided at least 60-days' written notice from the facility
if the resident's continuing care agreement is being cancelled due to a
violation of the facility's rules or regulations and that this notification may
be waived if the facility can demonstrate just cause for terminating the
continuing care agreement in accordance with 5:19-6.5(c)
; and
iii. Advising that
the resident may challenge the facility's notice of cancellation by requesting
a hearing in the same manner as for a hearing in a contested case pursuant to
section 9 of P.L. 1968, c. 410 (52:14B-9
);
8. A statement providing in clear,
conspicuous, and understandable language, in print no smaller than the largest
type used in the body of the agreement, the amount of the entrance fee, and the
terms governing the refund of any portion of the entrance fee;
9. A statement of the terms under which an
agreement is cancelled by the death of the resident;
10. A statement providing for at least
30-days' advance notice to the resident before any change in fees or changes in
the scope of care or services are effective, except for changes required by
State or Federal assistance programs; and
11. Notice to the prospective resident of the
terms of the "Bill of Rights for Continuing Care Retirement Community Residents
in Independent Living," including a specific description in bold or larger type
of the right of rescission or cancellation provided by 52:27D-360.2
and 360.7.
In the event that the particular terms of the "Bill of Rights for Continuing
Care Retirement Community Residents in Independent Living" are incorporated by
reference to an attachment to the contract, the notice of the right of
rescission and of cancellation, including the right to a refund, shall
nevertheless be specifically described in the body of the agreement in bold or
larger type in the agreement at or near the signature lines and shall not be
merely incorporated by reference.
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