Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 20 - Community Health › Subchapter 15 - Information for Health Care Professionals › Part 5 - Continuing Care Provider Registration and Disclosure (216-RICR-20-15-5) › Section 216-RICR-20-15-5.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1. "Act"
				  means the R.I. Gen. Laws Chapter 23-59 entitled, "Continuing Care Provider
				  Registration and Disclosure."
2.
				  "Continuing Care" means providing or committing to provide board, lodging and
				  nursing services to an individual, other than an individual related by blood or
				  marriage:
a. pursuant to an agreement
				  effective for the life of the individual or for a period in excess of one year,
				  including mutually terminable contracts, and
b. in consideration of the payment of an
				  entrance fee and/or periodic charges. A contract shall be deemed to be one
				  offering nursing services, irrespective of whether such services are provided
				  under such contract, if nursing services are offered to the resident entering
				  such contract either at the facility in question or pursuant to arrangement
				  specifically offered to residents of the facility.
3. "Certified Public Accountant" or "CPA"
				  means an individual licensed in Rhode Island pursuant to the provisions of R.I.
				  Gen. Laws Chapter 5-3 or licensed in another state with similar standards for
				  such licensure which are acceptable to the state agency who meets the criteria
				  set forth in §5.3.2 of this Part.
4. "Department" means the Rhode Island State
				  Department of Health.
5. "Director"
				  means the Director of the Rhode Island Department of Health or his
				  designee.
6. "Entrance Fee" means
				  an initial or deferred transfer to a provider of a sum of money or other
				  property made or promised to be made in advance or at some future time as full
				  or partial consideration for acceptance of a specified individual as a resident
				  in a facility. A fee which is less than the sum of the regular periodic charges
				  for one year of residency shall not be considered to be an entrance
				  fee.
7. "Facility" means the place
				  or places in which a person (Continuing Care Provider) undertakes to provide
				  continuing care to an individual pursuant to contractual arrangement(s) with a
				  facility(ies) licensed under the provisions of R.I. Gen. Laws Chapter
				  23-17.
8. "Provider" means any
				  person, corporation, partnership or other entity that provides or offers to
				  provide continuing care to any individual in an existing or proposed facility
				  in this state. Two or more related individuals, corporations, partnerships or
				  other entities may be treated as a single provider, if they cooperate in
				  offering services to the residents of a facility.
9. "Resident" means an individual entitled to
				  receive continuing care in a facility.
10. "Solicit" means all actions of a provider
				  or his agent in seeking to have individuals enter into continuing care
				  agreement by any means such as, but not limited to, personal, telephone or mail
				  communication or any other communication directed to and received by an
				  individual, and any advertisements in any media distributed to communicate by
				  any means to an individual. The term "solicit" shall not include marketing or
				  feasibility studies, or any communication with an individual at the request of,
				  or initiated by, that individual in regard to a continuing-care contract not
				  intended to be executed in this state.