South Carolina Code of Laws
Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities
Section 37-11-135. Exemptions; letter of nonapplicability.

A facility that does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department. A facility that has obtained a letter of nonapplicability may not hold itself out to be a continuing care retirement community.
HISTORY: 1995 Act No. 19, Section 3; 2000 Act No. 400, Section 2; 2008 Act No. 244, Section 3, eff May 27, 2008; 2022 Act No. 197 (H.4983), Section 7, eff May 16, 2022.
Effect of Amendment
2022 Act No. 197, Section 7, in the first sentence, substituted "facility that" for "continuing care retirement community which", and added the third sentence.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 37 - Consumer Protection Code

Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities

Section 37-11-10. Short title.

Section 37-11-20. Definitions.

Section 37-11-30. Licensing of continuing care retirement community.

Section 37-11-35. Continuing care retirement community contracts and agreements.

Section 37-11-40. Determination of financial responsibility of applicant for license.

Section 37-11-50. Preliminary licenses.

Section 37-11-60. Disclosure requirements; retirement community complaint system.

Section 37-11-70. Itemized billing requirements.

Section 37-11-80. Regulations; examination of affairs of retirement community and health care providers; communities and providers to submit books and records.

Section 37-11-90. Certain entrance fees or reservation deposits to be placed in escrow account; release of funds; exemptions from provisions of this section.

Section 37-11-95. Approval required prior to declaring or distributing dividend or similar distribution.

Section 37-11-100. Disciplinary actions; sanctions; assessment of costs.

Section 37-11-105. Financial plan in case of insolvency or danger of insolvency; penalty for failure to implement approved plan.

Section 37-11-120. Injunctions; criminal penalties.

Section 37-11-125. Enforcement actions.

Section 37-11-130. Waiver of certain requirements for certain retirement communities.

Section 37-11-135. Exemptions; letter of nonapplicability.

Section 37-11-137. Retention and use of funds.

Section 37-11-140. Effective date of chapter; exceptions.