Current through Register Vol. 54, No. 12, March 23, 2024
(a)
Disclosure statements shall contain the information required by section 7 of
the act (40 P. S. §
3207) and the
information required by this section.
(b) The first page of the disclosure
statement shall be a cover page, which shall contain the information required
by section 7(a)(12) of the act (40 P. S. §
3207(a)(12)).
(c) The disclosure statement shall include a
page containing a summary of the information presented in the statement, as
outlined in paragraphs (1)-(8):
(1) The name
and address of the facility.
(2)
The name and address of the licensed provider.
(3) The name, location and telephone number
of the person to be contacted to discuss admissions.
(4) A description of the physical property of
the facility, including the following facts:
(i) A designation of the facility as urban,
suburban or rural.
(ii) The number
of acres occupied by the facility.
(iii) A specification of the type of
residential units available-such as high-rise apartments, single level
buildings, two-story townhouses, and the like.
(5) A specification of the minimum age for
admission, including exceptions for spouses/companions.
(6) A disclosure of the provider's or
facility's affiliation with religious, fraternal, charitable or other nonprofit
organizations with an identification of the affiliated organizations.
(7) A statement of the current resident
population.
(8) A sample of the
fees charged to residents based upon occupancy of a one bedroom unit by one and
two persons, including entrance and periodic fees. The information summary
shall be provided in numbered paragraph form, as specified in this subsection,
so that consumers can easily compare the disclosure statements of several
facilities. Additionally, the summary data will be used by the Department in
compiling information for its publication of a consumer's guide to continuing
care facilities and its annual directory of continuing care
facilities.
(d) The
certified financial statements required to be contained in disclosure
statements, under section 7(a)(9) of the act (40 P. S. §
3207(a)(9)), shall be
prepared in accordance with Chapter 147 (relating to annual audited insurers'
financial report required).
(e)
Amendments to disclosure statements may be filed with the Department at any
time. A filing should be accompanied by a cover letter briefly outlining the
sections of the disclosure statement amended. Changes in the operation of a
provider or facility which require an amendment to a disclosure statement
include, but are not limited to, the following:
(1) Changes in the board of directors,
officers, managing or general partners, administrators or trustees and managers
which affect the management of a facility. Biographical affidavits by these
individuals shall be filed with the Department at the time an amended
disclosure statement is filed.
(2)
New or additional mortgages, liens, security interests, loan commitments,
long-term financing arrangements or leases, which transaction materially
affects the real property of the facility. A copy of all pertinent documents
evidencing the transactions shall be filed with the Department at the time an
amended disclosure statement is filed.
(3) Other material changes in the financial
or factual information contained in the disclosure statement or statement in
support of the provider's original application for a certificate of authority.
Explanatory material and copies of pertinent documents concerning the material
changes shall be filed with the Department at the time an amended disclosure
statement is filed.
(f)
Every provider shall maintain copies of all disclosure statements filed with
the Department, including amended disclosure statements, for at least 4 years,
or until the conclusion of the next succeeding examination by the Department,
whichever is later.
The provisions of this §
151.7 amended under the Continuing
Care Provider Registration and Disclosure Act (40 P. S. §§
3201-3225).
This section cited in 31 Pa. Code §
151.3 (relating to certificates of
authority).
