TITLE XXXVII
INSURANCE

CHAPTER 420-D
CONTINUING CARE COMMUNITIES

Section 420-D:3-a

    420-D:3-a Continuing Care at Home Contracts. –
I. A provider may contract to provide continuing care to a resident who remains at home and does not move immediately into a facility if the provider:
(a) Holds a certificate of authority issued under this chapter to provide continuing care.
(b) Owns and operates a facility located in New Hampshire where the resident has the right to receive board, lodging, or both, and other services.
(c) Satisfies the commissioner that the proposal to offer continuing care contracts to residents who do not move immediately into the facility will not place the provider in an unsound financial condition and will not be injurious or hazardous to any resident contracting with the provider for continuing care.
(d) Otherwise complies with all requirements of this section and RSA 420-D.
II. Any provider that issues contracts under this section shall:
(a) Be in good standing with the commissioner, not subject to action pursuant to RSA 420-D:5.
(b) Be responsible for all services the provider or any third party provides to the resident in the resident's home pursuant to the contract, and shall exercise direct control and oversight over any individual or entity providing those services.
(c) Have procedures to ensure that any third party providing services to the resident in the resident's home pursuant to the contract is trustworthy and certified, licensed, or otherwise qualified under state law to provide those services.
III. The provider and any person employed by the provider that assists in delivery of services to the resident in the resident's home shall have a business location within the state of New Hampshire, hold appropriate licenses and shall be available to address complaints, questions, and concerns of residents.

Source. 2010, 144:6, eff. Jan. 1, 2011.