Florida Statutes 1983, Volume 3 - Florida State University College of ...

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Ch.651 CONTINUING CARE CONTRACTS F.S.1983 651.011 651.015 651.021 651.022 651.023 651.026 651.033 651.035 651.041 651.051 651.055 651.061 651.065 651.071 651.081 651.085 651.091 651.095 651.105 651.106 651.107 651.108 651.111 651.114 651.121 651.125 651.13 651.131 651.132 651.133 651.134 Definitions. Administration; forms; fees; rules; fines. Certificate of authority required. Provisional certificate of authority; application. Certificate of authority; application; renewal. Annual statements. Escrow accounts. Minimum liquid reserve requirements. Use of reserves; investment purposes. Maintenance of assets and records in state. Agreements; right to rescind. Dismissal or discharge of resident; refund. Waiver of statutory protection. Agreements as preferred claims on liquidation. Continuing care facilities residents' organizations. Quarterly meetings between residents and the governing body of the facility. Availability, distribution, and posting of reports and records; requirement of full disclosure. Advertisements; requirements; penalties. Examination and inspections; fines. Grounds for discretionary refusal, suspension, or revocation of certificate of authority. Duration of suspension; obligations during suspension period; reinstatement. Administrative fines. Requests for inspections. Delinquency proceedings. Advisory council. Criminal penalties; injunctive relief. Civil action. Actions under prior law. Amendment or renewal of existing contracts. Provisional certificates issued under prior law. Investigatory records. '651.011 Definitions.-For the purposes of this chapter, the term: (1) "Advisory council" means the Continuing Care Advisory Council established by s. 651.121. (2) "Continuing care" or "care" means furnishing pursuant to an agreement shelter, food, and either nursing care or personal services as defined in s. 400.402(8), whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care for any duration, CHAPTER 651 CONTINUING CARE CONTRACTS 796 including agreements that are terminable by either party. (3) "Department" means the Department of Insurance of this state. (4) "Entrance fee" means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee. (5) "Facility" means a place in which it is undertaken to provide continuing care. (6) "Licensed" means that the provider has obtained a certificate of authority from the department. (7) "Provider" means the owner or operator, whether a natural person, partnership or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (8) "Records" means the permanent financial, directory, and personnel information and data maintained by a provider pursuant to this chapter. (9) "Resident" means a purchaser of or a nominee of, or a subscriber to, a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside, unless expressly provided for in the agreement. History.-s. 1, eli. 77-323; s. 170, cb. 79-164; ss. 1, 25, cb. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 1, 31, 33, 35, ch. 83-328. 'Note.-Expires October 1, 1993, pursuant to s. 33, ch. 83-328, and is scheduled for review pursuant to s. 11.61 in advance of that date. '651.015 Administration; forms; fees; rules; fines.-The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for certificates of authority or renewals thereof, statements, examinations, and other required reports. (2) Collect in advance, and the applicant shall pay in advance, the following fees: (a) At the time of filing an application for a certificate of authority, an application fee in the amount of $75 for each facility. (b) At the time of renewal of a certificate of authority, a renewal fee in the amount of $75 for each year or part thereof for each facility where continuing care is provided. (c) A late fee in an amount equal to 50 percent of the renewal fee in effect on the last preceding regular renewal date. In addition to any other penalty that may be provided for under this chapter, the department may levy a fine not to exceed $50 a day for each day of noncompliance.
F.S.1983 CONTINUING CARE CONTRACTS Ch.651 (d) An investigation fee, to be paid upon original application, in the amount of $100 for each facility where continuing care is provided. Upon application subsequent to the denial of an earlier application or subsequent to the revocation, suspension, or surrender of a certificate of authority, the department shall collect in advance, and the applicant shall pay in advance, a second investigation fee in the amount of $100. (e) For the issuance of the provisional certificate of authority, a fee in the amount of $50. (3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Specific provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter. (4) Impose administrative fines and penalties pursuant to this chapter. (5) Deposit all fees and fines collected under the provisions of this chapter into the Insurance Commissioner's Regulatory Trust Fund. History.-s. 1, ch. 77-323; s. 249, ch. 79-400; ss. 2, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 2, 31, 33, 35, ch. 83-328. 'Note.-Expires October 1, 1993, pursuant to s. 33, ch. 83-328, and is scheduled for review pursuant to s. 11.61 in advance of that date. 1651.021 Certificate of authority required. (1) No person may engage in the business of providing continuing care or issuing continuing care agreements or construct a facility for the purpose of providing continuing care in this state without a certificate of authority therefor obtained from the department as provided in this chapter. This subsection shall not be construed to prohibit preparation of the construction site or construction of a model residence unit for marketing purposes, or both. (2)(a) Before commencement of construction for any expansion of a certificated facility equivalent to the addition of at least 20 percent of existing units, written approval must be obtained from the department. This provision does not apply to construction for which a certificate of need, as provided in chapter 381, is required. (b) The application for such approval shall be on forms provided by the department. The application shall include the feasibility study required by ss. 651.022(3) and 651.023(1)(b) and such other information as required by s. 651.023. (c) In determining whether an expansion should be approved, the department shall utilize the criteria provided in ss. 651.022(5) and 651.023(5). History.-s. 1, ch. 77-323; ss. 3, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 3, 31, 33, 35, ch. 83-328. 'Note.-Expires October 1, 1993, pursuant to s. 33, ch. 83-328, and is scheduled for review pursuant to s. 11.61 in advance of that date. 1651.022 Provisional certificate of authority; application.- (1) Each applicant for a certificate of authority shall first apply for and obtain a provisional certificate of authority pursuant to this section. (2) The application for a provisional certificate of authority shall be on a form prescribed by the department and shall contain, or be accompanied by, at least the following information 2and items: 797 (a) If the applicant or provider is a corporation, a copy of the charter; if the applicant or provider is a partnership or other unincorporated association, a copy of the partnership agreement, articles of association, or other membership agreement; and, if the applicant or provider is a trust, a copy of the trust agreement or instrument. (b) The full names, residences, and business addresses of: 1. The proprietor, if the applicant or provider is an individual. 2. Every partner or member, if the applicant or provider is a partnership or other unincorporated association, however organized, having fewer than 50 partners or members, together with the business name and address of the partnership or other organization. 3. The principal partners or members, if the applicant or provider is a partnership or other unincorporated association, however organized, having 50 or more partners or members, together with the business name and business address of the partnership or other organization. If such unincorporated organization has officers and a board of directors, the full name and business address of each officer and director may be set forth in lieu of the full name and business address of its principal members. 4. The corporation and each officer and director thereof, if the applicant or provider is a corporation. 5. Every trustee and officer, if the applicant or provider is a trust. 6. The manager, whether an individual, corporation, partnership, or association. 7. Any stockholder holding at least a lO-percent interest in the operations of the facility in which the care is to be offered. 8. Any person whose name is required to be provided in the application under the provisions of this paragraph and who owns any interest in or receives any remuneration from, either directly or indirectly, any professional service firm, association, trust, partnership, or corporation providing goods, leases, or services to the facility for which the application is made, with a real or anticipated value of $500 or more, and the name and address of the professional service firm, association, trust, partnership, or corporation in which such interest is held. The applicant shall describe such goods, leases, or services and the probable cost to the facility or provider and shall describe why such goods, leases, or services should not be purchased from an independent entity. 9. Any person, corporation, partnership, association, or trust owning land or property leased to the facility, along with a copy of the lease agreement. 10. Any affiliated parent or subsidiary corporation or partnership. (c)1. Evidence that the applicant is reputable and of responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, the form shall require evidence that the members or shareholders are reputable and of responsible character, and the person in charge of providing care under a certificate of authority shall likewise be required to produce evidence of being reputable and of responsible character.
Page 1 and 2: F.S.1983 AMBULANCE SERVICE CONTRACT
Page 3 and 4: F.S.1983 AMBULANCE SERVICE CONTRACT
Page 6 and 7: Ch.638 AMBULANCE SERVICE CONTRACTS
Page 8: Ch.639 PRENEED FUNERAL MERCHANDISE
Page 11 and 12: F.S.1983 PRENEED FUNERAL MERCHANDIS
Page 14 and 15: Ch.641 HEALTH CARE SERVICE PROGRAMS
Page 24 and 25: Ch.642 LEGAL EXPENSE INSURANCE F.S.
Page 26: Ch.642 LEGAL EXPENSE INSURANCE F.S.
Page 29 and 30: F.S.1983 LEGAL EXPENSE INSURANCE Ch
Page 32 and 33: Ch.648 BAIL BONDSMEN AND RUNNERS F.
Page 39 and 40: F.S.1983 BAIL BONDSMEN AND RUNNERS
Page 42 and 43: Ch.650 SOCIAL SECURITY FOR PUBLIC E
Page 45: F.S.1983 SOCIAL SECURITY FOR PUBLIC
Page 49 and 50: F.S.1983 CONTINUING CARE CONTRACTS

Florida Statutes 1983, Volume 3 - Florida State University College of ...

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