As used in this chapter unless the context otherwise requires:
(1) "Department" means the South Carolina Department of Consumer Affairs.
(2) "Continuing care retirement community" means a community in which there is furnished, pursuant to a continuing care contract, to two or more persons not related to the administrator or owner of the facility within the third degree of consanguinity, board or lodging together with nursing, medical, or other health-related services, regardless of whether the services or lodging are provided at the same location or not. It does not include an institution operating solely as a nursing home or community residential care facility licensed by the South Carolina Department of Health and Environmental Control.
(3) "Entrance fee" means a payment that assures a resident a place in a facility.
(4) "Facility" means the place in which an operator undertakes to provide continuing care to a person.
(5) "Health-related services" includes a degree of personal assistance in feeding, dressing, or other essential daily living activities.
(6) "Continuing care contract" means a contract to provide board or lodging together with nursing, medical, or other health-related services:
(a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or
(b) which provides for services for the life of the person or for more than one year, including mutually terminable contracts; and
(c) which requires payment of an entrance fee or other fee in return for a promise of future care.
(7) "Living unit" means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified residents.
(8) "Operator" means the promoter, developer, or owner of a continuing care retirement community or of an institution, building, residence, or other place, whether operated for profit or not, or a person who solicits or undertakes to provide continuing care under a continuing care facility contract.
(9) "Resident" means a purchaser of, a nominee of, or a subscriber to a continuing care contract. It includes a person for whom an entrance fee has been paid.
(10) "Trust institution" means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.
(11) "Reservation deposit." means a portion of an entrance fee paid in advance of signing a continuing care contract.
HISTORY: 1989 Act No. 97, Section 1; 2000 Act No. 400, Section 1; 2022 Act No. 197 (H.4983), Section 1, eff May 16, 2022.
Effect of Amendment
2022 Act No. 197, Section 1, added (11), relating to the definition of "reservation deposit".
Structure 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 37-11-100. Disciplinary actions; sanctions; assessment of costs.
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.