RSA 420-D:19 · Civil Liability

420-D:19 Civil Liability. –

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I.

In the following circumstances, a provider or his agent shall be liable for damages, entrance fees with any accrued interest, and attorneys' fees, plus any other fees paid in advance of receipt of services:

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(a)

If the provider or agent enters into contracts for continuing care for a facility that does not have a certificate of authority under this chapter;

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(b)

If the provider did not deliver a disclosure statement before entering into a contract; or

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(c)

If a disclosure statement is misleading and induces acceptance of a contract for continuing care or induces payment of any money or transfer of anything of value by a resident or prospective resident.

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II.

Negligent misrepresentation or omission shall not preclude recovery under this section.

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III.

The provider, upon written approval of the commissioner, may make a good faith offer to refund all fees and costs listed in paragraph I. Failure of a resident or prospective resident to accept such an offer within 60 days shall preclude further action by such resident or prospective resident.

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IV.

Any action brought pursuant to this section shall be in accordance with applicable state law and shall not limit the liability of the provider under other state laws. A private party shall not be liable by implication unless expressly permitted under this chapter. Source. 2025, 296:2, eff. Jan. 1, 2026.

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