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

Current through Register Vol. 56, No. 14, July 15, 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.