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NORTH CAROLINA STATUTES AND CODES

§ 58-64-1. Definitions.

Article 64.

Continuing CareRetirement Communities.

§ 58‑64‑1. Definitions.

As used in this Article,unless otherwise specified:

(1)        "Continuingcare" means the furnishing to an individual other than an individualrelated by blood, marriage, or adoption to the person furnishing the care, oflodging together with nursing services, medical services, or other healthrelated services, under an agreement effective for the life of the individualor for a period longer than one year.

(2)        "Entrancefee" means a payment that assures a resident a place in a facility for aterm of years or for life.

(3)        "Facility"means the retirement community or communities in which a provider undertakes toprovide continuing care to an individual.

(4)        "Health relatedservices" means, at a minimum, nursing home admission or assistance in theactivities of daily living, exclusive of the provision of meals or cleaningservices.

(5)        "Livingunit" means a room, apartment, cottage, or other area within a facilityset aside for the exclusive use or control of one or more identified residents.

(6)        "Provider"means the promoter, developer, or owner of a facility, whether a naturalperson, partnership, or other unincorporated association, however organized,trust, or corporation, of an institution, building, residence, or other place,whether operated for profit or not, or any other person, that solicits orundertakes to provide continuing care under a continuing care facilitycontract, or that represents himself, herself, or itself as providingcontinuing care or "life care."

(7)        "Resident"means a purchaser of, a nominee of, or a subscriber to, a continuing carecontract.

(8)        "Hazardousfinancial condition" means a provider is insolvent or in eminent danger ofbecoming insolvent. (1989, c. 758, s. 1; 1989 (Reg. Sess., 1990), c. 1024,s. 45; 1991, c. 720, ss. 2, 39; 1999‑132, ss. 2.2, 2.3.)

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