HARRY HUGHES, Governor

1093

(4) A STATEMENT OF FINANCIAL FEASIBILITY FOR THE
PROPOSED PROJECT WHICH SHALL INCLUDE A STATEMENT OF FUTURE
FUNDING SOURCES.

(C)  PROVIDERS MAY COLLECT DEPOSITS FROM PROSPECTIVE
MEMBERS, PROVIDED THAT A FEASIBILITY STUDY HAS BEEN APPROVED
BY THE OFFICE ON AGING AND THAT FUNDS COLLECTED ARE
MAINTAINED IN AN ESCROW ACCOUNT.

(D)  ONCE A CERTIFICATE OF REGISTRATION HAS BEEN
ISSUED, THE PROVIDER MAY USE THE FUNDS HELD IN ESCROW UNLESS
OTHERWISE PROHIBITED BY THIS ACT. IF NO CERTIFICATE OF
REGISTRATION IS ISSUED WITHIN 24 MONTHS OF FILING OF THE
FEASIBILITY STUDY, OR SUCH LONGER TIME AS IS ALLOWED BY THE
OFFICE ON AGING FOR GOOD CAUSE SHOWN, THE OFFICE SHALL
REQUIRE THE PERSON TO REFUND ALL DEPOSITS AND TO CEASE IN
ITS ATTEMPTS TO OFFER CONTINUING CARE AT THE LOCATION
SPECIFIED IN THE FEASIBILITY STUDY.

12.

NO RECORDS OR ASSETS OF THE PROVIDER RELATED TO THE
OPERATION OF THE FACILITY AND THE PROVISION OF SERVICES
UNDER THE CONTINUING CARE AGREEMENT SHALL BE REMOVED FROM
THIS STATE BY A PROVIDER UNLESS THE OFFICE CONSENTS IN
WRITING TO SUCH REMOVAL. SUCH CONSENT SHALL BE BASED UPON
THE PROVIDER SUBMITTING SATISFACTORY EVIDENCE THAT THE
REMOVAL WILL FACILITATE AND MAKE MORE ECONOMICAL THE
OPERATIONS OF THE PROVIDER AND WILL NOT DIMINISH THE SERVICE
OR PROTECTION THEREAFTER TO BE GIVEN THE PROVIDER'S
SUBSCRIBERS IN THIS STATE.

13.

(A) IN ADDITION TO SUCH OTHER PROVISIONS AS MAY BE
CONSIDERED PROPER TO EFFECTUATE THE PURPOSE OF ANY
CONTINUING CARE AGREEMENT, EACH AGREEMENT EXECUTED BETWEEN A
SUBSCRIBER AND A PROVIDER SHALL:

(1)  SHOW THE TOTAL CONSIDERATION PAID BY THE
SUBSCRIBER FOR CONTINUING CARE INCLUDING THE VALUE OF ALL
PROPERTY TRANSFERRED, DONATIONS, ENTRANCE FEES,
SUBSCRIPTIONS, MONTHLY FEES, AND ANY OTHER FEES PAID OR
PAYABLE BY OR ON BEHALF OF A SUBSCRIBER.

(2)  SPECIFY ALL SERVICES SUCH AS FOOD, SHELTER,
MEDICAL CARE, OR NURSING CARE, OR OTHER HEALTH SERVICES,
WHICH ARE TO BE PROVIDED BY THE PROVIDER TO EACH SUBSCRIBER,
INCLUDING IN DETAIL ALL ITEMS WHICH EACH SUBSCRIBER WILL
RECEIVE, WHETHER THE ITEMS WILL BE PROVIDED FOR A DESIGNATED
TIME PERIOD OR FOR LIFE. THE CONTRACT SHALL DESIGNATE THE
CLASSES OF SUBSCRIBERS, IF ANY.

(3)  DESCRIBE THE PROCEDURES TO BE FOLLOWED BY
THE PROVIDER WHEN THE PROVIDER TEMPORARILY OR PERMANENTLY
CHANGES THE SUBSCRIBER'S ACCOMMODATION WITHIN THE FACILITY