reglab/housing_qa huggingface dataset:
NH Rev Stat § 420-D:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:2 - Certificate of Authority.

    420-D:2 Certificate of Authority. –||I. No person or provider may solicit funds, accept payments of any kind, or otherwise engage in providing any form of continuing care without a certificate of authority issued under this chapter. An application for a certificate shall include the proposed disclosure statement required under RSA 420-D:4 and in addition to any other state or federal licensure or certification which may be required, a statement indicating that all of the requirements under this chapter have been met. The commissioner shall take prompt action on requests for a certificate and shall, within a reasonable time, issue a certificate or a written rejection. If he rejects an application, he may do so outright or state the conditions which must be met before a certificate shall be issued. The applicant may request reconsideration and shall be granted a hearing in accordance with rules adopted by the commissioner. Certificates issued under this section shall continue in effect until revoked by the commissioner or until sale or transfer of management control to another owner or provider.||II. [Repealed.]||III. Continuing care facilities which reported to or were under the supervision of the director of charitable trusts of the department of justice under RSA 7:19 through 32-a on January 1, 1989, shall be exempt from the provisions of this chapter. However, any such facility may elect by a one-time irrevocable election to be subject to the provisions of this chapter by filing an application for a permanent certificate of authority with the commissioner.|||Source. 1988, 44:2. 1990, 36:1. 1999, 249:2, 6, I, eff. Sept. 7, 1999.|
NH Rev Stat § 420-D:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:3 - Renewal of Certificate of Authority.

    420-D:3 Renewal of Certificate of Authority. –||Certificates of authority shall continue in effect until revoked by the commissioner. Certificates shall not be transferred during this time to another provider or owner. The commissioner shall establish a fee for applications for certificates of authority by rules adopted under RSA 541-A.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:3-a (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:3-a - Continuing Care at Home Contracts.

    420-D:3-a Continuing Care at Home Contracts. –||I. A provider may contract to provide continuing care to a resident who remains at home and does not move immediately into a facility if the provider:||(a) Holds a certificate of authority issued under this chapter to provide continuing care.||(b) Owns and operates a facility located in New Hampshire where the resident has the right to receive board, lodging, or both, and other services.||(c) Satisfies the commissioner that the proposal to offer continuing care contracts to residents who do not move immediately into the facility will not place the provider in an unsound financial condition and will not be injurious or hazardous to any resident contracting with the provider for continuing care.||(d) Otherwise complies with all requirements of this section and RSA 420-D.||II. Any provider that issues contracts under this section shall:||(a) Be in good standing with the commissioner, not subject to action pursuant to RSA 420-D:5.||(b) Be responsible for all services the provider or any third party provides to the resident in the resident's home pursuant to the contract, and shall exercise direct control and oversight over any individual or entity providing those services.||(c) Have procedures to ensure that any third party providing services to the resident in the resident's home pursuant to the contract is trustworthy and certified, licensed, or otherwise qualified under state law to provide those services.||III. The provider and any person employed by the provider that assists in delivery of services to the resident in the resident's home shall have a business location within the state of New Hampshire, hold appropriate licenses and shall be available to address complaints, questions, and concerns of residents.|||Source. 2010, 144:6, eff. Jan. 1, 2011.|
NH Rev Stat § 420-D:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:5 - Revocation or Suspension of Certificate of Authority; Liens.

    420-D:5 Revocation or Suspension of Certificate of Authority;  Liens. –||I. The commissioner may revoke, deny, or suspend a certificate upon notice and hearing with written findings of fact if he finds that any of the following conditions exist:||(a) Violation by a provider of any provisions of this chapter or any rule adopted pursuant to it.||(b) Failure to continue to meet the requirements of the certificate of authority.||(c) Lack of any qualifications necessary under this chapter for the certificate of authority.||(d) Failure to file a disclosure statement under RSA 420-D:4 or failure to disclose such to a prospective resident.||(e) Fraud or misrepresentation of a material fact in the disclosure statement.||(f) Failure to comply with a cease and desist order under RSA 420-D:24.||(g) Misappropriation, conversion, or wrongful withholding of money.||(h) A demonstrated lack of fitness or trustworthiness.||(i) Failure to make a new application for certificate of authority in accordance with RSA 420-D:13 when there is a sale, transfer of ownership, or partial ownership, or transfer of control.||(j) Such unsound financial condition or any other practice which may be hazardous or injurious to residents or to the general public.||(k) Failure to maintain a complete list of all entrance fees paid by each resident or prospective resident by the provider or his escrow agent.||(l) Failure to file an annual report in accordance with RSA 420-D:7.||II. If necessary to protect the interests of the residents, the commissioner shall file a lien in accordance with RSA 420-D:9 on the real and personal property of the provider and shall take any other action necessary to protect the residents of the facility.|||Source. 1988, 44:2. 2010, 144:7, eff. Jan. 1, 2011.|
NH Rev Stat § 420-D:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:6 - Appeal.

    420-D:6 Appeal. –||Any person, corporation, partnership, or association aggrieved by the action of the commissioner in revoking, suspending, or refusing to grant or reissue a certificate has the right to a rehearing and appeal in accordance with the provisions of RSA 541.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:8 - Liquid Reserves.

    420-D:8 Liquid Reserves. –||Liquid reserves of each facility subject to this chapter shall be maintained equal to 12 months' principal and interest payments plus that portion of 2 months' operating expenses which relates to life care residents. Other reserves or trust accounts under the exclusive control of the provider shall be considered in making this determination. The commissioner may adopt rules pursuant to RSA 541-A relative to the definition of liquid reserves. The commissioner may require liquid reserves to be placed in escrow and shall prescribe escrow conditions and shall approve the escrow agent. If the provider contracts with any resident to return any portion of the entrance fee to such resident or his estate, the commissioner may make a finding if necessary to protect the best interests of the resident that a reserve be established by the provider in accordance with rules adopted by the commissioner.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:9 - Lien on Behalf of Residents.

    420-D:9 Lien on Behalf of Residents. –||The commissioner shall file a lien on all real and personal property of a provider if he deems it necessary to protect the interests of the residents. Such lien shall be effective for the period determined necessary by the commissioner and may be renewed if the circumstances warrant it. A lien shall only be foreclosed to protect the investment of residents, and the proceeds shall be distributed in a manner to satisfy any continuing care contracts in effect at that time.|||Source. 1988, 44:2. 2010, 144:9, eff. Jan. 1, 2011.|
NH Rev Stat § 420-D:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:11 - Pledging Assets.

    420-D:11 Pledging Assets. –||Only unencumbered assets of a facility may be pledged as collateral for another facility.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:13 - Transfer or Sale of Interest.

    420-D:13 Transfer or Sale of Interest. –||I. Any provider who plans to sell or otherwise transfer control, whether partial or entire, or an interest in the management or assets of a continuing care community certified under this chapter shall notify the commissioner of the proposed change. The notification shall specify the amount of interest involved in the transfer, the type of transfer, and to whom. The commissioner may refuse to approve such transfer until full disclosure has been made, to his satisfaction, of the terms and conditions of the transfer and he has determined that such transfer is in the best interests of the residents and the state of New Hampshire.||II. If the commissioner determines that management control or more than 50 percent of the assets of the facility have been or are about to be transferred to another party, he shall cancel the existing certificate of authority and require that an application for a certificate of authority be submitted by the new provider within 30 days.||III. [Repealed.]|||Source. 1988, 44:2. 1999, 249:6, II, eff. Sept. 7, 1999.|
NH Rev Stat § 420-D:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:14 - Waiver Prohibited.

    420-D:14 Waiver Prohibited. –||Contracts entered into prior to the date the provider receives the certificate of authority are valid and binding for those providers offering or providing continuing care on January 1, 1989; except that a resident or a prospective resident who has signed a contract prior to that date may request that his contract with the provider be changed to conform with the provisions of this chapter. However, any changes made to such contracts after the date when rules adopted by the commissioner in accordance with RSA 420-D:17 take effect shall conform to all provisions of this chapter and such rules.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:15 - Right to Organize and to Obtain Outside Consultation.

    420-D:15 Right to Organize and to Obtain Outside Consultation. –||I. All residents have the right to self-organize, the right to be represented by an individual of their own choice, and the right to engage in concerted activities for their own purposes. They shall have the right both individually and severally to obtain outside advice and consultation of their own choosing on any matter, including, but not limited to, medical, legal, and financial matters.||II. A provider shall be available for meetings at least once each quarter of the year with residents or their representative. The meetings shall be for the purpose of providing a forum for free and open discussion of any point either wishes to discuss. If requested, the manager of a facility shall be present at such meetings, and the residents' organization may also request that an owner, partner, director, or other official of the provider operating the facility be present. Residents shall be given at least 2 weeks' notice of each such meeting.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:17 - Rulemaking.

    420-D:17 Rulemaking. –||The commissioner shall adopt rules pursuant to RSA 541-A and after public hearing, relative to:||I. Procedures for application for a certificate of authority under RSA 420-D:2.||II. [Repealed.]||III. Any application fees required under RSA 420-D:2.||IV. Procedures and fees for the renewal process under RSA 420-D:3.||V. Manner of filing and any other information to be contained in the disclosure statement required under RSA 420-D:4.||VI. Procedures for revocation or suspension of a certificate of authority under RSA 420-D:5.||VII. Procedures for hearings and notice requirements under this chapter.||VIII. Manner of filing and other information to be contained in the annual report required in RSA 420-D:7.||IX. The definition of major changes under RSA 420-D:7, II(c).||X. The definition of liquid reserves as required under RSA 420-D:8.||XI. Escrow conditions for liquid reserves under RSA 420-D:8.||XII. Procedures for obtaining and extending liens under RSA 420-D:9.||XIII. Procedures for placing entrance fees in escrow accounts and for releasing such fees under RSA 420-D:10.||XIV. The manner and content of all forms required under this chapter.||XV. What shall constitute cause for intervention under RSA 420-D:12, II.||XVI. A schedule of fees to cover the costs of administering this chapter.||XVII. Continuing care facilities under the division of charitable trusts in accordance with RSA 420-D:2, III.||XVIII. [Repealed.]|||Source. 1988, 44:2; 44:6. 1999, 249:6, III, eff. Sept. 7, 1999.|
NH Rev Stat § 420-D:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:18 - Dividends.

    420-D:18 Dividends. –||A provider subject to this chapter shall obtain prior approval from the commissioner before declaring and distributing any dividends or funds or other assets to owners.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:19 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:19 - Repealed by 2001, 276:6, II, eff. Sept. 14, 2001.

    420-D:19 Repealed by 2001, 276:6, II, eff. Sept. 14, 2001. –|
NH Rev Stat § 420-D:20 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:20 - Civil Liability.

    420-D:20 Civil Liability. –||I. In the following circumstances, a provider or his agent shall be liable for damages, entrance fees with any accrued interest, and attorneys' fees, plus any other fees paid in advance of receipt of services:||(a) If the provider or agent enters into contracts for continuing care for a facility that does not have a certificate of authority under this chapter;||(b) If he did not deliver a disclosure statement before entering into a contract; or||(c) If a disclosure statement is misleading and induces acceptance of a contract for continuing care or induces payment of any money or transfer of anything of value by a resident or prospective resident.||II. Negligent misrepresentation or omission shall not preclude recovery under this section.||III. An action pursuant to this section may be avoided if the provider, upon written approval of the commissioner, makes a good faith offer to refund all fees and costs listed in paragraph I. Failure of a resident or prospective resident to accept such an offer within 60 days shall preclude further action by such resident or prospective resident. Any action brought pursuant to this section shall be in accordance with applicable state law. An action brought under this chapter shall not limit the liability of the provider under other state laws. A private party shall not be liable by implication unless expressly permitted under this chapter.|||Source. 1988, 44:2. 1999, 249:3, eff. Sept. 7, 1999.|
NH Rev Stat § 420-D:21 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:21 - Investigations; Subpoenas.

    420-D:21 Investigations;  Subpoenas. –||The commissioner may make such investigations as he or she deems necessary both within and outside the state in accordance with the provisions of RSA 400-A:16 and RSA 400-A:20 through RSA 400-A:22.|||Source. 1988, 44:2, eff. Jan. 1, 1989. 2016, 111:6, eff. May 20, 2016.|
NH Rev Stat § 420-D:22 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:22 - Records and Assets to be Kept Within State.

    420-D:22 Records and Assets to be Kept Within State. –||All records and assets of a provider shall be established and kept in the state of New Hampshire and shall not be removed from this state by a provider or his agent unless agreed to in writing by the commissioner prior to such removal. The commissioner shall consent to such removal only if the provider submits satisfactory evidence that the removal will facilitate a more economical operation and will not diminish the service or protection given to the residents remaining in this state. The commissioner may order the return of the records and assets if such return is in the best interests of the residents or of the state.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:23 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:23 - Audits.

    420-D:23 Audits. –||The commissioner or the commissioner's agent shall audit the books and records of a facility subject to this chapter once every 5 years, or more frequently as the commissioner deems necessary to assure the accuracy of reports to him or her taking into consideration other independent audits required under this chapter.|||Source. 1988, 44:2. 2002, 207:9, eff. July 15, 2002.|
NH Rev Stat § 420-D:24 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:24 - Cease and Desist Orders.

    420-D:24 Cease and Desist Orders. –||If it appears that any person subject to this chapter has engaged or is about to engage in acts violating this chapter or any rule adopted pursuant to it, the commissioner may issue an order to cease and desist and bring court action to enforce compliance or enjoin such action. Upon proper request, a court may issue a permanent or temporary injunction, restraining order, or writ of mandamus, and a receiver or conservator may be appointed for the defendant or the defendant's assets. The commissioner shall not be required to post bond.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:25 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:25 - Fees.

    420-D:25 Fees. –||The commissioner shall charge providers subject to this chapter a fee for services rendered to them by the department of insurance. The fees shall be established and adopted by rule under RSA 541-A and shall be sufficient to cover the costs of administering this chapter.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:26 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:26 - Criminal Penalties.

    420-D:26 Criminal Penalties. –||Any person, partnership, association or corporation, including state or county or local governmental units or any division, department, board or agency thereof, establishing, conducting, managing, or operating any facility within the meaning of this chapter without first obtaining a certificate as provided in this chapter, or who violates any rule adopted under this chapter, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Nothing in this section shall preclude any other action at law against such person.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-D:27 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-D - Continuing Care Communities|Section 420-D:27 - Severability.

    420-D:27 Severability. –||If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.|||Source. 1988, 44:2, eff. Jan. 1, 1989.|
NH Rev Stat § 420-E:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 420-E - Licensure of Medical Utilization Review Entities|Section 420-E:1 - Definitions.

    420-E:1 Definitions. –||In this chapter:||I. "Commissioner" means the insurance commissioner.||I-a. "Claim involving urgent care" means any claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations:||(a) Could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or||(b) In the opinion of a physician with knowledge of the claimant's medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.||II. "Department" means the insurance department.||III. "Health care provider" means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, including, but not limited to, a physician, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist or psychologist, and any officer, employee or agent of such provider acting in the course and scope of his employment or agency related to or supportive of health care services.||III-a. "Pre-service claim" means any claim for a benefit under a health plan with respect to which the terms of the plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care.||IV. "Utilization review" means a system for reviewing the appropriate and efficient allocation of hospital, medical or other health care services given to a patient or group of patients as to necessity, for the purpose of recommending or determining whether such services should be covered or provided by an insurer, nonprofit service organization, health maintenance organization, third-party administrator or employer. The terms include those programs or processes whether they apply prospectively or retrospectively to medical services. Utilization review services include, but are not limited to, the following: second opinion programs; prehospital admission certification; preinpatient service eligibility certification; and concurrent hospital review to determine appropriate length of stay. Utilization review shall not include claims review or decisions.|||Source. 1992, 142:2. 1996, 188:12. 2001, 207:4, 5, eff. Jan. 1, 2002.|