420-D:10-a Termination Outside the Rescission Period. –
I. (a) A contract may only be terminated by the provider for the following reasons:
(1) It is necessary for the resident's welfare;
(2) The resident's health has improved sufficiently so that they no longer need the services provided;
(3) The health or safety of the resident or other residents is endangered by the resident's continued presence in the CCRC; or
(4) Nonpayment of periodic payments or other required fees or other violation of the contract.
(b) If a provider seeks to terminate a contract, it must provide the resident with 60 days' notice. If a contract is terminated outside the cancellation period either by the provider for just cause or after 90 days written notice by the resident, then any refund that may be due shall be paid no later than 45 days after a new resident signs a written contract for the unit and the 15-day cancellation period passes without cancellation. The landlord-tenant laws shall apply to any eviction for purposes of removal of a hold over resident in a non-licensed unit, and for no other purpose. For hold over residents residing in units licensed under RSA 151, the transfer or discharge provisions under RSA 151:21,V and RSA 151:26 shall apply.
II. A contract may be terminated by either the provider or resident under exigent circumstances, such as that the resident presents a danger to himself or others, upon reasonable notice under the situation. In determining exigent circumstances, the parties may rely upon a written finding of the provider's medical director or the resident's physician or medical provider. Each party shall have the right to obtain a second medical assessment at their own expense prior to the resident's removal from the community or the filing of an action for termination in a court of competent jurisdiction.