Section 376.900

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 1981   

  376.900.  Definitions. — For the purpose of sections 376.900 to 376.950 the following words and terms mean:

  (1)  "Care for a term of years", an agreement between a resident and a provider whereby the resident pays a fee for the right to occupy space in a designated facility, and to receive continuing care, for at least one year, but for less than the life of the resident.  "Care for a term of years" also refers to a contract or agreement for continuing care for an indefinite term;

  (2)  "Continuing care" or "care", furnishing shelter, food, and nursing care, whether the nursing care is 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.  Other personal services provided shall be designated in the continuing care agreement.  "Continuing care" shall include only life care, care for life, or care for a term of years;

  (3)  "Department", the Missouri department of commerce and insurance;

  (4)  "Entrance fee", an initial or deferred payment of a sum of money or property which assures the resident a place in a facility for a term of years or for life.  An accommodation fee, endowment fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee;

  (5)  "Facility", a place in which it is undertaken to provide continuing care to an individual for a term of years or for life;

  (6)  "Life care" or "care for life", a life lease, life membership, life estate, or similar agreement between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life;

  (7)  "Provider", the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, or 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; however, the term "provider" shall not include facilities operated, owned, or leased for operation by any fraternal or religious organization if the organization as a matter of policy limits residents to those who are members or spouses of members of the organization;

  (8)  "Resident" means a person who enters into a life care contract with a provider or who is designated in a life care contract to be a person provided with services, board, and lodging.

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(L. 1981 S.B. 84 § 1)