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House Engrossed
assisted living; refunds; escrow accounts |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2505 |
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An Act
amending sections 20-1804 and 20-1812, Arizona Revised Statutes; relating to life care contracts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 20-1804, Arizona Revised Statutes, is amended to read:
20-1804. Entrance fee escrow
A. As a condition for the issuance of a permit pursuant to section 20-1803, the director shall require that the provider establish an escrow account with a licensed agent which provides that all of any entrance fee received by the provider prior to before the date the resident is permitted allowed to occupy his or her living unit in the facility or the date the contract holder is to begin receiving services in his or her private residence be placed in escrow with a bank, trust company or other escrow agent approved by the director, subject to the condition that such funds may be released only as follows:
1. If the entrance fee applies to a contract holder who will be receiving services in his or her private residence, the entrance fee shall be released to the provider at such time as the life care contract commences.
2. If the entrance fee applies to a living unit which that has been previously occupied in the facility, the entrance fee shall be released to the provider at such time as the living unit becomes available for occupancy by the new resident.
3. If the entrance fee applies to a living unit which that has not previously been occupied by any resident, the entrance fee, or that portion of the entrance fee not to be held in escrow pursuant to section 20-1806, shall be released to the provider at such time as the director is satisfied that all of the following conditions exist:
(a) Construction or purchase of the facility has been substantially completed and an occupancy permit covering the living unit has been issued by the local government having authority to issue such permits.
(b) A commitment has been received by the provider for any permanent mortgage loan or other long-term financing described in the statement of anticipated source and application of funds submitted by the provider as part of its permit application, and any conditions of the commitment prior to before disbursement of funds thereunder have been substantially satisfied.
(c) Aggregate entrance fees received or receivable by the provider pursuant to binding life care contracts, plus the anticipated proceeds of any first mortgage loan or other long-term financing commitment are equal to not less than ninety per cent percent of the aggregate cost of constructing or purchasing, equipping and furnishing the facility plus not less than ninety per cent percent of the funds estimated in the statement of anticipated source and application of funds submitted by the provider as part of its permit application, to be necessary to fund start-up losses and assure full performance of the obligations of the provider pursuant to life care contracts.
B. If the funds in an escrow account required to be established under subsection A of this section are not released within such time as provided by rules and regulations issued by the director, then such funds shall be returned by the escrow agent to the persons who had made payment to the provider.
C. An entrance fee held in escrow may be returned by the escrow agent to the person or persons who had made payment to the provider at any time upon on receipt by the escrow agent of notice from the provider that such person is entitled to a refund of the entrance fee.
D. The entrance fee, minus deductions for expenses or other fees pursuant to the life care contract, shall be returned to the contract holder when the resident's occupancy terminates with the facility and the resident's former living unit is inhabited by a new resident or within one year, whichever is shorter.
D. E. Nothing in This section shall be interpreted as requiring does not require the escrow of any nonrefundable application fee, designated as such in the permit application required by section 20-1802, received by the provider from a prospective resident or contract holder.
Sec. 2. Section 20-1812, Arizona Revised Statutes, is amended to read:
20-1812. Disclosure statement; contents; refunds
A. At the time of or before the execution of a life care contract and the transfer of any money or other property to a provider pursuant thereto, the provider shall deliver to the person with whom the life care contract is entered into:
1. A disclosure statement that contains a copy of the provider's certified financial statements and feasibility study prepared according to section 20-1802 and any other information required by the director. The cover of the disclosure statement shall contain the following statement in bold-faced print: "A permit for this life care facility has been issued by the Arizona department of insurance and financial institutions. This permit does not constitute approval, recommendation or endorsement of the life care facility by the department, nor does it evidence the accuracy or completeness of the information in this statement."
2. If the life care contract offers a refund, a separate disclosure document that indicates:
(a) Whether an entrance fee will be charged and when the person must pay the entrance fee.
(b) Whether any part of the entrance fee, or any other amount, paid at any time by the contract holder or resident will be refunded to the person or the person's heirs.
(c) If a refund will be paid to the person or the person's heirs, the amount or amounts to be paid and the time for payment of the amounts.
(d) The specific conditions or limits, if any, on the payment of any refund, including a requirement for reoccupancy of a vacated unit, or any other limit or condition.
B. The disclosure language prescribed in subsection A, paragraph 2 of this section shall be in at least ten-point boldface type, shall be signed by the contract holder and the contract holder's partner or spouse, if any, and shall be witnessed by at least two independent persons. The purchaser must separately initial each disclosure prescribed by subsection A, paragraph 2 of this section and verify that the person has read and understands the information presented in each disclosure. The provider shall give an initialed copy of the separate disclosure statement to the contract holder at the time of signing, and the provider shall keep a signed copy of the initialed disclosure statement. The director may recommend or require that the separate disclosures be in a specified form. The form must contain the information required by this section.
Sec. 3. Applicability
Section 20-1812, Arizona Revised Statutes, as amended by this act, applies to new and existing life care contracts.