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23-93-201. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-201. Definitions.
As used in this subchapter:
(1) “Commissioner” means the Insurance Commissioner;
(2) “Department” means the State Insurance Department;
(3) “Entrance fee” means a payment that assures a resident a place in a facility for a term of years or for life;
(4) “Facility” means a place which provides life care;
(5) “Hazardous financial condition” means a provider is insolvent or in imminent danger of becoming insolvent;
(6) “Life care” means continuing care as defined in § 23-93-103(2), except that no additional charges are made for nursing care or personal care services beyond those charged all residents of the facility who are not receiving nursing care or personal care services;
(7) “Living unit” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;
(8)(A) “Nursing care” means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a registered or licensed nurse.
(B) “Nursing care” does not include general health service such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(9)(A) “Personal care services” means assistance with meals, dressing, movement, bathing, or other personal needs of maintenance or other direct supervision and oversight of the physical and mental well-being of a person.
(B) “Personal care services” does not include general health services such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(10) “Provider” means the owner or operator, whether a natural person, partnership, or other incorporated association, trust, or corporation whose owner o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-93-201
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6fb4ed34f5a6642b098bffdd451bc63d47aeee824f2f76d7ecc0d2fa76d4c295
Source location: content.xml paragraph 56541
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23-93-201. Definitions.
As used in this subchapter:
(1) “Commissioner” means the Insurance Commissioner;
(2) “Department” means the State Insurance Department;
(3) “Entrance fee” means a payment that assures a resident a place in a facility for a term of years or for life;
(4) “Facility” means a place which provides life care;
(5) “Hazardous financial condition” means a provider is insolvent or in imminent danger of becoming insolvent;
(6) “Life care” means continuing care as defined in § 23-93-103(2), except that no additional charges are made for nursing care or personal care services beyond those charged all residents of the facility who are not receiving nursing care or personal care services;
(7) “Living unit” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;
(8)(A) “Nursing care” means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a registered or licensed nurse.
(B) “Nursing care” does not include general health service such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(9)(A) “Personal care services” means assistance with meals, dressing, movement, bathing, or other personal needs of maintenance or other direct supervision and oversight of the physical and mental well-being of a person.
(B) “Personal care services” does not include general health services such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(10) “Provider” means the owner or operator, whether a natural person, partnership, or other incorporated association, trust, or corporation whose owner or operator undertakes to provide life care for a fee, whether fixed or variable, for the period of care. The fee may be payable in lump sum, or lump sum and monthly maintenance charges, or in installments;
(11) “Refund reserve” means the actuarially determined annual refund amount required to be maintained by a life care provider for service of its refund amounts during the next fiscal year of the facility;
(12) “Resident” means an individual entitled to receive life care in a facility; and
(13) “Solicit” means all actions of a provider in seeking to have individuals residing in this state pay an application fee and enter into a life care agreement by any means, such as, but not limited to, personal, telephone, or mail communication, or any other communication directed to and received by any individual in this state, and any advertisements in any media distributed or communicated by any means to individuals in this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-103. Definitions.
As used in this subchapter:
(1) “Commissioner” means the Insurance Commissioner;
(2)(A) “Continuing care” means the furnishing of independent living units to individuals and:
(i) Furnishing nursing care or personal care services under an agreement, whether the nursing care or personal care services are provided in the facility or in another setting designated by the agreement for providing continuing care to individuals; and
(ii)(a) Requiring the payment of an entrance fee by an individual not related by consanguinity or affinity to the provider furnishing the living unit.
(b) Payment may be made by an entrance fee alone, an entrance fee and periodic payments, or by payment of less fees for service.
(B) Agreements to provide continuing care shall include agreements to provide care for any duration, including agreements that are terminable by either party;
(3) “Department” means the State Insurance Department;
(4) “Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual as a resident in a facility which exceeds six (6) months' rental of the living unit. 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 which provides continuing care;
(6) “Living unit” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;
(7)(A) “Nursing care” means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a r
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-93-103. This identifies an authority to review, not proof of applicability.