hb 1220

CHAPTER 192

HB 1220 - FINAL VERSION

AN ACT relative to assisted living residences and housing for older persons.

SPONSORS: Rep. Kurk, Hills 5; Rep. Sargent, Hills 3; Rep. Batula, Hills 18

This bill establishes standards for disclosure of information to consumers of costs and services provided by assisted living residences and housing for older persons. Any violation of the standards set forth in this bill constitutes an unfair and deceptive act under RSA 358-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to assisted living residences and housing for older persons.

Be it Enacted by the Senate and House of Representatives in General Court convened:

192:1 New Chapter; Assisted Living Residences and Housing for Older Persons. Amend RSA by inserting after chapter 161-I the following new chapter:

161-J:1 Purpose. The purpose of this chapter is to establish standards for the uniform disclosure of information to consumers of costs and services provided by assisted living residences and housing for older persons, as well as rules and policies governing advance payments, rate increases, termination of agreements and the rights and responsibilities of residents, to enable consumers to make informed choices and comparisons.

II. "Assisted living residence" means any entity that provides housing and holds itself out, through marketing, advertising, or use of the term "assisted living" or a similar designation, as providing or arranging for personal assistance or any health-related or supportive service beyond room and board to one or more adults who are not related to the owner of the residence by blood or marriage. "Assisted living residence" shall not include:

(e) A hotel, motel, or recreational facility providing temporary overnight accommodations.

(f) Any community living facility operating pursuant to RSA 126-A:19, provided that all of the residents of the facility have been placed there in accordance with RSA 126-A:19.

III. "Housing for older persons" means housing which provides or holds itself out as providing on-site personal assistance services over and above service coordination which is:

(a) Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or

IV. "Personal assistance" means providing or assisting a resident in obtaining one or more of the following services:

(a) Assistance with activities of daily living such as grooming, toileting, eating, dressing, getting into or out of a bed or chair, walking, or monitoring or supervision of medications.

(b) Assistance with instrumental activities of daily living such as doing laundry, cleaning of living areas, food preparation, managing money and conducting business affairs, using public transportation, writing letters, obtaining appointments, using the telephone, or engaging in recreational or leisure activities.

(c) Supportive services such as recreational and leisure activities, transportation, social services, legal services, financial management services, educational and vocational services, medical, dental, and other health care services, habilitation or rehabilitation services, respite services, case management, day care, or other services required to meet a resident's needs.

(d) Monitoring a resident's activities to provide for the resident's and others' safety and well being.

(e) The administration of medication by a person authorized to administer medication.

(f) General supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain his or her residence in the facility or who needs assistance to manage his or her personal or financial affairs, regardless of whether a guardian has been appointed for the person.

V. "Representative" means a guardian, conservator, attorney, agent or other person who is duly appointed or designated in the manner required by law to act on behalf of another person.

VI. "Residence" means an assisted living residence or housing for older persons as defined in this chapter.

VII. "Resident" means an adult who resides in an assisted living residence or housing for older persons as defined in this chapter.

161-J:3 Applicability. This chapter shall apply to assisted living residences as defined in RSA 161-J:2, II and housing for older persons as defined in RSA 161-J:2, III.

I. A person shall not begin residency in an assisted living residence or housing for older persons unless a representative of the residence and either the proposed resident or the proposed resident's representative reads and signs a residential services agreement that complies with the provisions of this chapter. Upon signing of the agreement, the residence shall give the resident and the resident's representative, if any, a copy of the agreement and place a copy in the resident's file.

(a) Set forth the rates charged by the residence, including the base rate and the cost of any available services that are not included in the base rate.

(b) Specifically describe the services and accommodations to be provided by the assisted living residence or housing for older persons, and identify which services are included in the base rate.

(c) Specify the policies relative to rate increases or increases in the costs of services, including the period of advance notice that will be provided to residents of changes in rates or costs.

(e) State the amount and purpose of any advance payments required by the residence.

(f) Set forth the residence's policy for refund of advance payments in the event of termination of the contract or death of the resident.

(g) If the residence is licensed pursuant to RSA 151, provide notice of the resident's rights in the event of a temporary absence from the facility, in accordance with RSA 151:25, and the resident's rights in the event of a proposed transfer or discharge from the facility, in accordance with RSA 151:26.

(h) Set forth the circumstances under which an eviction, discharge or transfer to another residence or facility may occur, including situations in which the resident's needs would exceed what the residence could provide, and the responsibility of the residence in transitioning the resident to another location.

(i) Include or attach a copy of the rules or policies governing resident conduct and responsibilities and the procedures for handling resident grievances.

(j) Include as a cover sheet a standard disclosure summary in the form set forth in RSA 161-J:5, using a minimum type size of 14 point.

(k) Include a statement affirming that the proposed resident has received the residential services agreement and attached standard disclosure summary, that the resident has read it or it has been read to the resident and that the resident understands its contents.

(l) Include any other disclosures or information required by RSA 151 or RSA 420-D, if applicable and any other provisions of state or federal law.

161-J:5 Standard Disclosure Summary. The standard disclosure summary, which shall accompany a residential services agreement, shall be in a form adopted by the commissioner of the department of health and human services by rule pursuant to RSA 541-A.

161-J:6 Advance Payments and Security Deposits. The residence shall establish a written policy for the refund of unused advance payments or security deposits in the event of termination of a residential services agreement or death of a resident which shall include the terms and conditions under which the advance payment money or security deposit may be withheld by the residence.

161-J:7 Applicability of RSA 540 and 540-A. All provisions of RSA 540 and RSA 540-A shall apply to assisted living residences and housing for older persons where the residential premises are leased or rented to the resident, unless otherwise provided by RSA 151 and RSA 420-D or other applicable law.

161-J:8 Enforcement. In addition to other appropriate penalties, any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A. Any right, remedy or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.

192:2 Applicability. The form required to be adopted by rule under RSA 161-J:5 shall be completed upon the effective date of this act.