Committee: Senate Health and Human Services
MOTION:
RECONSIDER THE VOTE BY WHICH SB 228 LOST
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(4-0-3-0)
Voting yes:
Albers, Lawler, Olson, Brown (Arnold)
Excused:
Halverson, Kloucek, Dunn (Jim)
SB 228:
to ensure a patient's right to access the patient's own health information
and amend the information under certain circumstances.
Proponents:
Randy Moses, Division of Insurance
Dick Reding, SD Health Care Assn.
Dave Hewitt, SD Assoc. Of Health Care Organizations.
MOTION:
AMEND SB 228
Section
2.
For the purposes of this Act, an entrance fee is an initial or deferred transfer to a
provider of a sum of money, or other property, made or promised to be made, as a full or partial
consideration for acceptance of the person in the facility under a continuing care agreement, if the
amount exceeds five thousand dollars or the sum of periodic charges for three months of residency,
whichever is greater.
Section
3.
For the purposes of this Act, a continuing care retirement community is a facility that
offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing
facility or assisted living center, regardless of whether the lodging and care is provided at the same
location.
Section
4.
A continuing care retirement community and any agreement it enters into with its
residents is not subject to any provision of Title 58 except as contained in this Act. This Act does
not provide any exemption for the sale of long-term care or other insurance product to a continuing
care retirement community. This Act does not provide any exemption for the sale of long-term care
or other insurance products by persons other than the continuing care retirement community to
residents of the continuing care retirement community.
Section
5.
A continuing care retirement community shall provide the following information to
any resident or prospective resident: information about all owners and operators of the facility; the
affiliation, if any, with other charitable, nonprofit, or religious organizations and any financial
obligations of these organizations for the operation of the facility; a description of the goods and
services available to the resident as part of the agreement; a listing of services available to residents
for extra cost; a description of fees charged to residents; and the most recent financial statement of
the provider.
Section
6.
Any provider proposing to develop a new continuing care retirement community,
which has not previously been in operation in this state, shall establish an escrow account with a
bank in this state. Any entrance fees or portions of the entrance fees collected from prospective
residents before the commencement of operation of the planned facility shall be deposited in this
account. Escrowed deposits may be released to the provider until completion of construction of the
facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits
shall be released to prospective residents within thirty days of a receipt of a written notice of
cancellation. The provider may retain any accrued interest from canceled deposits and a service fee
not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director
of the Division of Insurance.
Section
7.
Any new continuing care retirement community may not start construction until
escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least
fifty percent of the proposed living units planned to be constructed.
Doris J. Donner