03/27/03 0864s

05/15/03 1600eba

2003 SESSION

03-0426

05/01

SENATE BILL SB 34

COMMITTEE: Public Affairs

ANALYSIS

This bill defines and regulates independent living retirement communities.

This bill is the result of the study committee established in 2002, 70:1.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/03 0864s

05/15/03 1600eba

03-0426

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

114:1 Assisted Living Residences and Housing for Older Persons; Independent Living Retirement Communities Added. Amend the chapter heading of RSA 161-J to read as follows:

CHAPTER 161-J

ASSISTED LIVING RESIDENCES,

INDEPENDENT LIVING RETIREMENT COMMUNITIES, AND

HOUSING FOR OLDER PERSONS

114:2 Assisted Living Residences; Purpose; Reference to Independent Living Retirement Communities Added. Amend RSA 161-J:1 to read as follows:

161-J:1 Purpose. The purpose of this chapter is to establish standards for the uniform disclosure of information to consumers of costs and services provided by assisted living residences, independent living retirement communities, and housing for older persons, as well as rules and policies governing advance payments, rate increases, termination of agreements and the rights and responsibilities of residents, to enable consumers to make informed choices and comparisons.

114:3 New Paragraph; Definition of Independent Living Retirement Communities Added. Amend RSA 161-J:2 by inserting after paragraph III the following new paragraph:

III-a. "Independent living retirement community" means a facility, housing unit, or community, however designated, which is free-standing or part of a larger community, organization, or enterprise, that furnishes to senior citizens 55 years of age and older, on a contractual basis, housing and any additional on-site or off-site services.

114:4 Applicability of Chapter; Reference to Independent Living Retirement Community Added. Amend RSA 161-J:3 to read as follows:

161-J:3 Applicability. This chapter shall apply to assisted living residences as defined in RSA 161-J:2, II, independent living retirement communities as defined in RSA 161-J:2, III-a, and housing for older persons as defined in RSA 161-J:2, III. This chapter shall not apply to continuing care communities as defined in RSA 420-D or condominiums as defined in RSA 356-B:3, V.

114:5 Residential Services Agreement; Reference to Independent Living Retirement Community Added. Amend RSA 161-J:4, I to read as follows:

I. A person shall not begin residency in an assisted living residence, an independent living retirement community, or housing for older persons unless a representative of the residence and either the proposed resident or the proposed resident's representative reads and signs a residential services agreement that complies with the provisions of this chapter. Upon signing of the agreement, the residence shall give the resident and the resident's representative, if any, a copy of the agreement and place a copy in the resident's file.

114:6 Standard Disclosure Summary; Copy and Notice to Prospective Residents. Amend RSA 161-J:5 to read as follows:

161-J:5 Standard Disclosure Summary.

I. The standard disclosure summary, which shall accompany a residential services agreement, shall be in a form adopted by the commissioner of the department of health and human services by rule pursuant to RSA 541-A.

II. A copy of the residential services agreement shall be given to prospective residents upon request and at least 24 hours prior to signing.

114:7 Applicability of RSA 540 and 540-A; Reference to Independent Living Retirement Community Added. Amend RSA 161-J:7 to read as follows:

161-J:7 Applicability of RSA 540 and 540-A. All provisions of RSA 540 and RSA 540-A shall apply to assisted living residences, independent living retirement communities, and housing for older persons where the residential premises, however designated, are leased or rented to the resident, unless otherwise provided by RSA 151 and RSA 420-D or other applicable law.

114:8 New Sections; Use of Term Assisted Living; Registration with Department of Justice. Amend RSA 161-J by inserting after section 8 the following new sections:

161-J:9 Use of Term "Assisted Living." The term "assisted living" may only be used in a title, brochure, admission agreement, or other written or promotional materials by an entity that is licensed pursuant to RSA 151.

161-J:10 Registration with Department of Justice. Any person, corporation, partnership, association or other entity operating an independent living retirement community in this state shall file an annual registration statement with the consumer protection bureau of the department of justice, with a copy to the department of health and human services, bureau of health facilities administration. The registration statement shall include the name and address of the independent living retirement community, the name and address of the registered agent if a corporation, and a complete description of the type of all available services. The independent living retirement community shall insure that the registration statement is available to all current and prospective residents of the community upon request.

114:9 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 9, 2003)

(Effective Date: January 1, 2004)