RSA 161-J:4 · Residential Services Agreement

161-J:4 Residential Services Agreement. –

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I.

A person shall not begin residency in an assisted living residence, an independent living retirement community, or housing for older persons unless a representative of the residence and either the proposed resident or the proposed resident's representative reads and signs a residential services agreement that complies with the provisions of this chapter. Upon signing of the agreement, the residence shall give the resident and the resident's representative, if any, a copy of the agreement and place a copy in the resident's file.

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II.

A residential services agreement shall:

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(a)

Set forth the rates charged by the residence, including the base rate and the cost of any available services that are not included in the base rate.

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(b)

Specifically describe the services and accommodations to be provided by the assisted living residence or housing for older persons, and identify which services are included in the base rate.

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(c)

Specify the policies relative to rate increases or increases in the costs of services, including the period of advance notice that will be provided to residents of changes in rates or costs.

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(d)

Set forth the policies and procedures for termination of the agreement.

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(e)

State the amount and purpose of any advance payments required by the residence.

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(f)

Set forth the residence's policy for refund of advance payments in the event of termination of the contract or death of the resident.

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(g)

If the residence is licensed pursuant to RSA 151, provide notice of the resident's rights in the event of a temporary absence from the facility, in accordance with RSA 151:25, and the resident's rights in the event of a proposed transfer or discharge from the facility, in accordance with RSA 151:26.

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(h)

Set forth the circumstances under which an eviction, discharge or transfer to another residence or facility may occur, including situations in which the resident's needs would exceed what the residence could provide, and the responsibility of the residence in transitioning the resident to another location.

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(i)

Include or attach a copy of the rules or policies governing resident conduct and responsibilities and the procedures for handling resident grievances.

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(j)

Include as a cover sheet a standard disclosure summary in the form set forth in RSA 161-J:5, using a minimum type size of 14 point.

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(k)

Include a statement affirming that the proposed resident has received the residential services agreement and attached standard disclosure summary, that the resident has read it or it has been read to the resident and that the resident understands its contents.

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(l)

Include any other disclosures or information required by RSA 151 or RSA 420-D, if applicable and any other provisions of state or federal law.

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III.

A residential services agreement shall not require payment from a third party for any services included in the base rate. Nothing in this section shall prohibit an assisted living residence, independent retirement community, or housing for older persons from seeking payment from a resident's insurance. Nothing in this section shall prohibit a third party from agreeing to pay for additional items or services not included in the base rate, such as cable television. Nothing in this section shall prohibit a third party from agreeing to pay for upgrades to services included in the base rate, such as an additional fee for a private room instead of a shared room. Source. 2002, 192:1. 2003, 114:5, eff. Jan. 1, 2004. 2023, 145:6, eff. July 1, 2023.

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