New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:19-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Act" means the Continuing Care Retirement Community Regulation
				  and Financial Disclosure Act ( P.L. 1986, c. 103;
52:27D-330
et seq.), and the
				  Bill of Rights for Continuing Care Retirement Community Residents in Independent
				  Living Act ( P.L. 2013, c. 167;
52:27D-360.1
et al.), together
				  with any amendatory or supplementary acts.
"Advertising" means and includes the publication or causing to be
				  published of any information offering for disposition or for the purpose of causing
				  or inducing any other person to enter into a continuing care agreement in a
				  continuing care retirement community, including the continuing care agreement to be
				  used and any photographs or drawings or artist's representation of physical
				  conditions or facilities on the property existing or to exist by means of
				  any:
1. Newspaper or periodical;
2. Radio or television broadcast;
3. Written, printed or photographic
				matter;
4. Billboards or
				signs;
5. Display of model facilities or
				units;
6. Material used in connection
				with the disposition or offer of the facility by radio, television, telephone or any
				other electronic means; or
7. Material
				used by provider or their agents to induce prospective residents to visit the
				facility, particularly gift certificates which require the holders of such
				certificates to attend or submit to a sales presentation by providers or their
				agents.
The term "advertising" does not include stockholder
				  communications, such as annual reports, interim financial reports, proxy materials,
				  certification statements, securities prospectuses, applications for listing
				  securities on stock exchanges, and the like, and any and all communications
				  addressed and relating to the account of any person who has previously executed a
				  continuing care agreement.
"Application fee" means the fee an individual is charged, in
				  addition to an entrance fee or any other fee, to cover the provider's reasonable
				  cost for processing the individual's application to become a resident at the
				  facility. A reasonable application fee shall be determined pursuant to
5:19-6.3
.
"Bill of Rights for Continuing Care Retirement Community Residents
				  in Independent Living" means, pursuant to
52:27D-360.1
,
52:27D-360.1
through
				  360.7.
"Blanket encumbrance" means a trust deed, mortgage, judgment or
				  other lien or encumbrance, including an option or contract to sell or a trust
				  agreement, affecting a continuing care retirement community of more than one unit
				  therein, but does not include any lien or other encumbrance arising as the result of
				  the imposition of any tax assessment by any public authority.
"Commissioner" means the Commissioner, Department of Community
				  Affairs.
"Continuing care" means the provision of lodging and nursing,
				  medical or other health related services at the same or another location to an
				  individual pursuant to an agreement effective for the life of the individual or for
				  a period greater than one year, including mutually terminable contracts, and in
				  consideration of the payment of an entrance fee with or without other periodic
				  charges. An individual who is provided continuing care is one who is not related by
				  consanguinity or affinity to the person who provides the care.
"Department" means the Department of Community Affairs.
"Entrance fee" means a transfer to a provider of a sum of money or
				  other property made or promised to be made as full or partial consideration for
				  acceptance of a specified person as a resident in a facility, and includes a fee
				  which is refundable upon the death, departure or option of the resident.
1. A fee which is less than the sum of the regular
				periodic charges for one year of residency is not considered an entrance fee for the
				purpose of the Act. A transfer of a sum of money or other property, by or on behalf
				of a resident, to a trust account which is managed by the facility or an independent
				trustee for the benefit of the resident is not considered an entrance fee for the
				purposes of the Act if the transfer is not a condition of admission or of continued
				stay and the principal amount and any interest thereon are the exclusive and sole
				property of the resident or the individual acting on behalf of the resident.
"Facility" means the place or places in which a person undertakes
				  to provide continuing care to an individual.
"Living unit" means a room, apartment, cottage, or other area
				  within a facility set aside for the exclusive use or control of one or more
				  persons.
"Offer" means an inducement, solicitation, advertisement, or
				  attempt to encourage a person to enter into a continuing care agreement.
"Operator or administrator" means a person who operates or manages
				  a facility for the provider.
"Person" shall be defined as in N.J.S.A 1:1-2.
"Provider" means a person who undertakes to provide continuing
				  care in a facility.
"Resident" means a person entitled to receive continuing care in a
				  facility.
"State" means the State of New Jersey.