420-D:16-b Refunds. –
I. Upon cancellation of the continuing care contract by either the resident or the provider, the resident shall have the right to receive a refund of the amount of any unearned entrance fee as provided in the continuing care contract or as otherwise provided by law. The amount of the entrance fee and the method of determining the amount of the refundable deposit shall be set forth in a clear and conspicuous manner in the continuing care contract.
(a) When a resident permanently vacates the facility, or, in the case of 2 residents occupying the same residence, when both vacate at the same time, the provider shall provide to the resident or residents or the legal representative of the resident's estate, whichever is applicable, a refund of the unearned or guaranteed refundable entrance fee amount, as set forth in the contract, subject to the waiting periods contained in RSA 420:D-10-a.
(b) Any unpaid fees or charges incurred by the resident including unpaid monthly service fees, as well as the amount of any charitable assistance that the facility has provided to the resident, may be deducted from the remaining balance of the refund of the entrance fee.
(c) Any remaining amount due the resident shall be payable within 45 days from the date of the end of the cancellation period or the date the entrance fee from the new resident is received by the provider, whichever is later.
II. When an entrance fee deposit is refundable, it shall be paid to either the resident, the resident's named beneficiary, or the legal representative of the resident's estate, whichever is applicable, except for beneficiary assignments made irrevocable by the resident. A resident shall have the right to change, in writing, the named beneficiary for the entrance fee refund at any time.
III. Payment of the refundable entrance fee shall be subject to any other state and federal laws except that the first $120,000, or $240,000 for a couple, of the funds shall be exempt from attachment by creditors if the original entrance fee was payable from the proceeds of a house sold by the resident in New Hampshire.