REPORT OF CONTINUING CARE ACT VIOLATIONS
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SB 51 — REPORT OF CONTINUING CARE ACT VIOLATIONS
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
795 added · 667 removedPlain-language change summary
The latest version of Senate Bill 51 now includes a requirement for continuing care providers to include closure plans in their contracts. This change is significant because it ensures that consumers are informed about what will happen if a facility shuts down, providing them with extra protection and clarity. Additionally, the bill maintains the requirement for the Attorney General to accept reports of violations, which reinforces accountability among providers.
SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 51 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 4This 6document 8incorporates 10amendments ANthat ACThave RELATINGbeen TOadopted AGING;during the current legislative session.
REQUIRINGThe Adocument CLOSUREis CLAUSEa INtool Ato CONTRACTshow PURSUANTthe TOamendments THEin CONTINUINGcontext CAREand ACT;is not to be used for the purpose of amendments.
REQUIRINGAN THEACT ATTORNEYRELATING GENERAL TO ACCEPTAGING; AND REVIEW ALLEGED VIOLATIONS OF THE 14 CONTINUING CARE ACT REPORTED FROM ANY SOURCE.
16REQUIRING BESJCºA»SJC ITSJCºPROVIDERS ENACTEDTO BYh THEINCLUDE»SJC LEGISLATURECLOSURE OFSJCºCLAUSE»SJC THESJCºPLAN STATEDESCRIPTIONS»SJC OFg NEWo MEXICO:t hr IN SJCºA CONTRACT»SJC SJCºPURSUANT TO THE»SJC CONTINUING CARE g e i k SJCºACT»SJC SJCºCONTRACTS»SJC;
eREQUIRING tTHE 17ATTORNEY SECTIONGENERAL 1.h r i s TO ACCEPT AND REVIEW ALLEGED VIOLATIONS OF THE CONTINUING CARE h , t, ACT REPORTED FROM ANY SOURCE.
Sectione 24-17-4u NMSAg 1978e (beingb Lawsl 1985,e we lh n d 18d Chapteri 102,= Section= 4,o ash amended)BE isIT amendedENACTED toBY read:THE LEGISLATURE OF THE STATE OF NEW MEXICO:
=l =] 19b "24-17-4.,d i a º e SECTION 1.
DISCLOSURE.--Section a24-17-4 lNMSA 1978 (being Laws 1985, r i a= r t e rw 20d A.m a n o Chapter 102, Section 4, as amended) is amended to read:
Ad provider shall furnish a current annual a t m m: 21 disclosure statement that meets the requirements set forth in d r e 22 Subsection B of this section and the aging and long-term c e s k 23 services department's and attorney general's consumer's guide e a n b 24 to continuing care communities to each actual resident and to a u [ prospective resident at least seven days before the provider .217196.1 SPAC/SB 51 enters into a continuing care contract with the prospective resident, or prior to the prospective resident's first payment, whichever occurs first.
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e e a n e d r e l u [ A d SPAC/SB 51 "24-17-4.
DISCLOSURE.-- A.
A provider shall furnish a current annual disclosure statement that meets the requirements set forth in Subsection B of this section and the aging and long-term services department's and attorney general's consumer's guide to continuing care communities to each actual resident and to a prospective resident at least seven days before the provider enters into a continuing care contract with the prospective resident, or prior to the prospective resident's first payment, whichever occurs first.
h B.
The disclosure statement provided pursuant to g o Subsection A of this section shall include:
t hr g e i k (1) a brief narrative summary of the contents h r i s of the disclosure statement written in plain language;
h , t, (2) the name and business address of the e u g e b l e e h provider;
n d d i = = o h (3) if the provider is a partnership, el e] 17b ,d i a º e corporation or association, the names, addresses and duties of er i = r t e nw d 18 its officers, directors, trustees, partners or managers;
=m = l ] 19 (4) the name and business address of each of a ln ro id 20m the: provider's affiliates;
tb e ad ts (5)º ao statementt asn to= whether.217196.1AIC theFebruary provider17, or2020 m(10:32am) ms 21k m e d- any2 of- itse officers,a directors,n trustees,e partners,d managers or r e 22l cu e[ rA cd 23SPAC/SB affiliates,51 within(4) tenthe yearsname priorand tobusiness theaddress dateof each of application:the provider's affiliates;
e(5) a nstatement bas 24to (a)whether wasthe convictedprovider ofor aany felony,of aits crimeofficers, udirectors, [trustees, thatpartners, ifmanagers committed in New Mexico would be a felony or anyaffiliates, crimewithin .217196.1ten -years 2prior - SPAC/SB 51 having to do with the provisiondate of continuingapplication: care;
(a) was convicted of a felony, a crime that if committed in New Mexico would be a felony or any crime having to do with the provision of continuing care;
or (d) had a state or federal license or permit suspended or revoked or had any state, federal or h u industry self-regulatory agency commence an action against the » r t h provider or any of its officers, directors, trustees, partners, g e l i managers or affiliates and the result of such action;
h r i s h , (6) the name and address of any person whose e h t u g name is required to be provided in the disclosure statement who e b l e e , gh owns any interest in or receives any remuneration from, either n d d i = = o h l ] b ,d directly or indirectly, any other person providing or expected ei a º r e 17r = to provide to the community goods, leases or services with a et e nw d 18m real or anticipated value of five hundred dollars ($500) or = = l ] 19 more and the name and address of the person in which such a ln ro id 20m interest: is held.
Theb disclosurer shalle describet suchº goods,o t en a= t.217196.1AIC leasesFebruary or17, services2020 and(10:32am) thes actualk orm probablee cost- to3 the- me ma 21n e d communityr ore providerl andu shall[ describeA whyd suchSPAC/SB goods,51 leasesreal ror eanticipated 22value cof efive rhundred cdollars 23($500) or servicesmore shouldand notthe bename purchasedand fromaddress anof independentthe entity;person in which such interest is held.
eThe adisclosure nshall bdescribe 24such (7)goods, theleases nameor services and addressthe ofactual any person owning u [ land or propertyprobable leasedcost to the community or provider and ashall statementdescribe ofwhy .217196.1such -goods, 3leases -or SPAC/SBservices 51should whatnot landbe orpurchased propertyfrom isan leased;independent entity;
(7) the name and address of any person owning land or property leased to the community and a statement of what land or property is leased;
(9) the location and description of real property being used or proposed to be used in connection with h the community's contracts to furnish care;
g o (10) a statement as to the community's or t hr g e i k corporation's liquid reserves to assure payment of debt h r i s obligations and an ongoing ability to provide services to h , t, residents.
The statement shall also include a description of e u g e b l e e h the community's or corporation's reserves, including a specific n d d i = = o h explanation as to how the community or corporation intends to l ] b ,d i a º e comply with the requirements of Section 24-17-6 NMSA 1978;
er i = r t e 17w d (11) for communities that provide type A and em ea n o d 18m type: B agreements:
=b e d s º o t n = l.217196.1AIC ]February 1917, (a)2020 a(10:32am) summarys ofk [an]m ae comprehensive- 4 - e a ln e d r ie 20l actuarialu analysis[ withinA thed lastSPAC/SB five51 years;type B agreements:
[and](a) t e a tsummary (b)of an[an] annuala future-servicecomprehensive obligationactuarial manalysis mwithin 21 e d calculation by an actuary who is a member of the Americanlast rfive eyears; 22 c e r c 23 academy of actuaries and who is experienced in analyzing e a n b 24 continuing care communities;
andSJCº[and]»SJC uSJCº [and»SJC (c)(b) aan certificationannual future-service obligation calculation by an actuary who is .217196.1 - 4 - SPAC/SB 51 a member of the American academy of actuaries and who is experienced in analyzing continuing care communitiescommunities; as to whether the community is in satisfactory actuarial balance, as defined by the actuarial standards board's Continuing Care Retirement Communities, and that is based upon a comprehensive actuarial study, using the national association of insurance commissioners' statutory accounting principles, performed within the last five years;
SJCº and»SJC SJCº (c) a certification by an actuary who is»SJC SJCºa member of the American academy of actuaries and who is experienced in analyzing continuing care communities as to whether the community is in satisfactory actuarial balance, as defined by the actuarial standards board's Continuing Care Retirement Communities, and that is based upon a comprehensive actuarial study, using the national association of insurance commissioners' statutory accounting principles, h g performed within the last five years;»SJC o t hr g e (12) an audited financial statement and an i k h r audit report prepared in accordance with generally accepted i s h accounting principles applied on a consistent basis and , t, e u g certified by a certified public accountant, including an income e b l e e h n d d i statement or statement of activities, a cash-flow statement or = = o h l ] b ,d sources and application of funds statement and a balance sheet i a º e r i = r as of the end of the provider's last fiscal year.
The balance sheett should accurately reflect the deferred revenue balance, e ew 17 including entrance fees and any other prepaid services, and e e n d 18m should include notes describing the community's long-term = = l ] 19 obligations and identifying all the holders of mortgages and a ln ro id 20m notes;:
tb e ad s º o t (13)n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 5 - e a samplen copye ofd r e l u [ A d SPAC/SB 51 sheet should accurately reflect the contractdeferred usedrevenue bybalance, including entrance fees and any other prepaid services, and should include notes describing the mcommunity's mlong-term 21obligations eand didentifying provider;all the holders of mortgages and notes;
and(13) r e 22 c e r c 23 (14) a listsample copy of documentsthe andcontract otherused informationby ethe aprovider; n b 24 available upon request, including:
uand [(14) (a) a copylist of thedocuments Continuingand Careother Act;information available upon request, including:
.217196.1(a) - 5 - SPAC/SB 51 (b) if the provider is a corporation, a copy of the articlesContinuing ofCare incorporation;Act;
(b) if the provider is a corporation, a copy of the articles of incorporation;
Show all 140 changed lines (100 more)
h (c) resumes of the provider and its g o officers, directors, trustees, partners or managers;
t hr g e i k (d) a copy of lease agreements between h r i s the community and any person owning land or property leased to h , t, the community;
e u g e b l e e h (e) information concerning the location n d d i = = o h and description of other properties, both existing and l ] b ,d i a º e proposed, of the provider in which the provider owns any r i = r t e w d interest and on which communities are or are intended to be locatedm anda then identityo ofd previouslym owned: or operated e e 17 communities;
eb e d s º o t n d= 18.217196.1AIC (f)February a17, copy2020 of(10:32am) thes community'sk policiesm =e =- 6 - e a n e d r e l ]u 19[ A d SPAC/SB 51 located and procedures;the identity of previously owned or operated communities;
and(f) a lcopy r i 20 (g) other data, financial statements and t e a t pertinent information with respect to the provider or m m 21 e d community, or its directors, trustees, members, managers, r e 22 c e r c 23 branches, subsidiaries or affiliates, that a resident requests e a n b 24 and that is reasonably necessary in order for the resident to u [ determine the financial status of the provider,community's itspolicies sole member .217196.1 - 6 - SPAC/SB 51 and theprocedures; community and the management capabilities of the managers and owners, including the most recent audited financial statements of comparable communities owned, managed or developed by the provider, its sole member or its principal.
and (g) other data, financial statements and pertinent information with respect to the provider or community, or its directors, trustees, members, managers, branches, subsidiaries or affiliates, that a resident requests and that is reasonably necessary in order for the resident to determine the financial status of the provider, its sole member and the community and the management capabilities of the managers and owners, including the most recent audited financial statements of comparable communities owned, managed or developed by the provider, its sole member or its principal.
Each year, within one hundred eighty days after the end of the community's fiscal year, the provider shall h u furnish to actual residents the disclosure statement as » r t h outlined in this section.
For purposes of this subsection, the g e l i obligation to furnish the required information to residents h r i s h , shall be deemed satisfied if the information is given to the e h t u g residents' association, if there is one, and a written message e b l e e , gh has been delivered to each resident, stating that personal n d d i = = o h l ] b ,d copies of the information are available upon request." i a º r e r = SECTION 2.
Section 24-17-5 NMSA 1978 (being Laws 1985, Chaptert 102,e Sectionw 5,d asm amended)a isn amendedo tod read:m :
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 7 - e a n e d r e l u [ A d SPAC/SB 51 Chapter 102, Section 5, as amended) is amended to read:
CONTRACT INFORMATION.-- e e 17 A.
A provider is responsible for ensuring that a e e n d 18 continuing care contract is written in clear and understandable = = l ] 19 language.
a l r i 20 B.
t e a t (1) describe the community's admission m m 21 e d policies, including age, health status and minimum financial r e 22 c e r c 23 requirements, if any;
e a n b 24 (2) describe the health and financial u [ conditions required for a person to continue to be a resident;
.217196.1 - 7 - SPAC/SB 51 (3) describe the circumstances under which the resident will be permitted to remain in the community in the event of financial difficulties of the resident;
(4) list the total consideration paid, including donations, entrance fees, subscription fees, periodic h fees and other fees paid or payable;
provided, however, that a g o provider cannot require a resident to transfer all the t hr g e i k resident's assets or the resident's real property to the h r i s provider or community as a condition for providing continuing h , t, care and the provider shall reserve the right to charge e u g e b l e e h periodic fees;
n d d i = = o h (5) describe in detail all items of service to l ] b ,d i a º e be received by the resident, such as food, shelter, medical r i = r t e w d care, nursing care and other health services, and whether servicesm will be provided for a designatedn timeo periodd orm for: the resident's lifetime;
eb e 17d (6)s asº ano addendumt ton the= contract,.217196.1AIC provideFebruary a17, e2020 e(10:32am) ns dk 18m descriptione of- items8 of- service,e ifa any,n thate ared availabler toe = = l ]u 19[ theA residentd butSPAC/SB that51 areservices notwill coveredbe inprovided thefor entrancea ordesignated atime lperiod ror ifor 20the monthlyresident's fee;lifetime;
t(6) eas aan taddendum (7)to specifythe taxescontract, andprovide utilities,a description of items of service, if any, that mare mavailable 21to ethe dresident but that are not covered in the residententrance mustor pay;monthly fee;
r(7) especify 22taxes cand eutilities, rif cany, 23 (8) specify that deposits or entrance fees e a n b 24 paid by or for a resident shall be held in trust for the u [ benefit of the resident inmust apay; federally insured New Mexico bank .217196.1 - 8 - SPAC/SB 51 until the resident has taken possession of the resident's unit or the resident's contract cancellation period has ended, whichever occurs later;
(9)(8) statespecify thethat termsdeposits underor whichentrance afees continuingpaid careby contractor mayfor a resident shall be canceledheld byin trust for the residentbenefit orof the communityresident andin thea basisfederally forinsured establishingNew Mexico bank until the amountresident ofhas refundtaken possession of the entranceresident's fee;unit or the resident's contract cancellation period has ended, whichever occurs later;
(10)(9) state the terms under which a continuing care contract ismay be canceled by the deathresident ofor the residentcommunity h u and the basis for establishing the amount of refund,refund if any, of the » r t h entrance fee;
(11)g e l i (10) state whenthe feesterms willunder bewhich subjecta tocontinuing periodich increasesr andi whats h , care contract is canceled by the policydeath of the resident and the e h t u g basis for increasesestablishing willthe be;amount of refund, if any, of the e b l e e , gh entrance fee;
provided,n however,d thatd thei provider= shall= giveo advanceh noticel of] notb less,d than(11) thirtystate dayswhen tofees thewill residents before the change becomes effective and increases shall be basedsubject uponto economici ea eº 17r necessity, the reasonable cost of operating the community, the e er n= dperiodic 18increases cost of care and awhat reasonable return on investment as defined = = l ] 19 by rules promulgated by the agingpolicy andfor long-termincreases serviceswill abe; l r i 20 department;
t e aw td (12) state the entrance fee and periodic fees m m 21 e d that will be charged if the resident marries while living in r e 22 c e r c 23 the community, the terms concerning the entry of a spouse to e a n bo 24d them community: and the consequences if the spouse does not meet u [ the requirements for entry;
.217196.1b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 9 - e a n e d r e l u [ A d SPAC/SB 51 (13)provided, indicatehowever, funeralthat andthe burialprovider servicesshall thatgive areadvance notice of not furnishedless than thirty days to the residents before the change becomes effective and increases shall be based upon economic necessity, the reasonable cost of operating the community, the cost of care and a reasonable return on investment as defined by rules promulgated by the provider;aging and long-term services department;
(14)(12) state the rulesentrance fee and regulationsperiodic offees that will be charged if the providerresident thenmarries while living in effectthe andcommunity, statethe terms concerning the circumstancesentry underof whicha spouse to the providercommunity claimsand tothe beconsequences entitledif tothe havespouse accessdoes tonot meet the resident'srequirements unit;for entry;
(15)(13) listindicate thefuneral resident's and provider'sburial respectiveservices rightsthat andare obligationsnot asfurnished toby any real or personal property of the resident transferred to or placed in the custody of the provider;
(16)(14) describestate the rightsrules and regulations of the residentsprovider tothen formin aeffect residents' association and state the participation,circumstances ifunder any,which ofh the associationprovider inclaims to be entitled to have access to the community'su decision-making» process;r resident's unit;
(17)t describeh g e (15) list the livingresident's quartersand purchasedprovider's byl i h r i s respective rights and obligations as to any real or assignedpersonal h , e h property of the resident transferred to or placed in the resident;t u g e b l custody of the provider;
(18)e providee under, whatgh conditions,n d d i = = o h (16) describe the rights of the residents to l ] b ,d i a º r form a residents' association and the participation, if any, eof e 17r the= residentt maye assignw d the useassociation ofin athe unitcommunity's todecision-making another;process;
em ea n o d 18m (19): include the policy and procedure with = = l ] 19 regard to changes in accommodations due to an increase or a l r i 20 decrease in the number of persons occupying an individual unit;
tb r e at º o t (20)n state= the.217196.1AIC conditionsFebruary upon17, which2020 the(10:32am) ms k m 21e - 10 - e a n e d communityr maye subletl u [ A d SPAC/SB 51 (17) describe the living quarters purchased by or reletassigned ato resident'sthe unit;resident;
r(18) eprovide 22under cwhat econditions, rif cany, 23 (21) state the feeresident adjustmentsmay thatassign will be e a n b 24 made in the eventuse of a resident'sunit voluntaryto absenceanother; from the u [ community for an extended period of time;
.217196.1(19) - 10 - SPAC/SB 51 (22) include the procedurespolicy toand beprocedure followedwith whenregard theto providerchanges temporarilyin oraccommodations permanentlydue changesto thean resident'sincrease accommodations,or eitherdecrease withinin the communitynumber orof bypersons transferoccupying toan aindividual healthunit; facility;
provided(20) thatstate the contractconditions shallupon statewhich that such changes in accommodations shall only be made to protect the healthcommunity ormay safetysublet of the resident or therelet generala andresident's economicunit; welfare of all other residents of the community;
(23)(21) ifstate the communityfee includesadjustments athat nursingwill facility,be describemade in the admissionsevent policiesof and what will occur if a nursingresident's facilityvoluntary bedabsence isfrom notthe availablecommunity atfor thean timeextended itperiod isof needed;time;
(24)(22) ininclude the eventprocedures theto residentbe isfollowed offeredwhen athe priorityprovider fortemporarily nursingor facilitypermanently admissionchanges at a facility that is not owned by the community,resident's describeaccommodations, witheither whichwithin nursing facility the formalcommunity arrangementor isby madetransfer andto what will occur if a nursinghealth facilityfacility; bed is not available at the time it is e e 17 needed;
eprovided ethat nthe dcontract 18shall (25)h includeg thestate policythat andsuch procedureschanges forin =accommodations =shall lonly ]be 19made determiningto undero whatt circumstanceshr aprotect residentthe willhealth beor asafety lof rthe iresident 20or consideredthe incapablegeneral ofand independentg livinge andi willk requireh ar teconomic ewelfare aof tall permanentother moveresidents toof athe nursingcommunity; facility.
Thei contracts shallh also(23) mif mthe 21community eincludes da statenursing who, willt, participatee inu theg decisionfacility, fordescribe permanentthe radmissions epolicies 22and cwhat will occur e rb cl 23e residencye inh theif a nursing facility andbed shallis providenot thatavailable at the etime ait is n bd 24d residenti shall= have= ano advocateh involvedl in] thatb decision;,d needed;
ui [a providedº thate ifr thei resident= hasr no(24) familyin member, attorney, .217196.1 - 11 - SPAC/SB 51 guardian or other responsible person to act as the resident'sevent advocate, the providerresident shallis requestoffered thea localt officee ofw thed humanm servicesa departmentn too served asm advocate;:
(26)b specifye d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 11 - e a n e d r e l u [ A d SPAC/SB 51 priority for nursing facility admission at a facility that is not owned by the typescommunity, ofdescribe insurance,with ifwhich any,nursing facility the residentformal arrangement is requiredmade toand maintain,what includingwill medicare,occur otherif healtha insurancenursing andfacility propertybed insurance;is not available at the time it is needed;
(27)(25) specifyinclude the circumstances,policy ifand any,procedures for determining under whichwhat thecircumstances a resident will be requiredconsidered toincapable applyof forindependent anyliving publicand assistance,will includingrequire medicala assistance,permanent ormove anyto othera publicnursing benefitfacility. programs;
(28)The incontract boldshall typealso ofstate notwho lesswill thanparticipate twelve-in point type on the signaturedecision page, state that a contract for continuingpermanent careresidency mayin presentthe anursing significantfacility financialand riskshall andprovide that athe personresident consideringshall ahave continuing care contract should consult with an attorneyadvocate andinvolved within athat financialdecision; advisor concerning the advisability of pursuing continuing care;
eprovided ethat 17if provided,the however,resident thathas failureno tofamily consultmember, withattorney, anguardian attorney or eother eresponsible nperson dto 18act financial advisor shall not be raised as athe defenseresident's toadvocate, barthe =provider =shall lrequest ]the 19local recoveryoffice forof a resident in any claims arising under the ahuman lservices rdepartment ito 20serve provisionsas ofadvocate; the Continuing Care Act;
th e(26) aspecify t (29) in bold type of not less than twelve- m m 21 e d point type on the fronttypes of theinsurance, contract,if stateany, thatu nothing» in r e 22 c e r c 23 the contractresident oris therequired Continuing Care Act should be construed to emaintain, aincluding nmedicare, bother 24t constituteh approval,g recommendatione orhealth endorsementinsurance ofand anyproperty uinsurance; [ continuing care community by the state of New Mexico;
.217196.1l -i 12h -r SPAC/SBi 51s (30)(27) containspecify athe provisioncircumstances, describingif any, under h , e h which the community'sresident planwill be required to apply for residentany relocationpublic upont closure,u liquidation,g insolvencye b l assistance, including medical assistance, or any other circumstancespublic thate necessitatee relocation;, gh n d d i = = o h benefit programs;
[(30)]l (31)] inb immediate,d proximityi toa theº spacer reserved(28) in thebold contracttype forof thenot signatureless ofthan thetwelve- resident,e inr bold= typet ofe notw lessd thanpoint twelve-pointtype type,on the signature page, state thethat following:a contract for m a n o d m :
"You,b ther buyer,e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 12 - e a n e d r e l u [ A d SPAC/SB 51 continuing care may cancelpresent thisa transactionsignificant atfinancial anyrisk timeand priorthat toa midnightperson ofconsidering thea seventhcontinuing daycare aftercontract should consult with an attorney and with a financial advisor concerning the dateadvisability of thispursuing transaction.continuing care;
Seeprovided, thehowever, attachedthat noticefailure ofto cancellationconsult formwith an attorney or financial advisor shall not be raised as a defense to bar recovery for ana explanationresident in any claims arising under the provisions of thisthe right.";Continuing Care Act;
and(29) [(31)] (32) contain a completed form, in duplicate,bold captionedtype "Notice of Cancellation",not whichless shallthan betwelve- attachedpoint totype on the contractfront andof easilythe detachable,contract, andstate whichthat shallnothing contain in twelve-pointthe boldfacecontract typeor the followingContinuing informationCare eAct eshould 17be andconstrued statementsto inconstitute theapproval, samerecommendation languageor asendorsement thatof usedany incontinuing thecare ecommunity eby nthe dstate 18of contract.New Mexico;
=(30) =contain la ]provision 19describing "NOTICEthe OFcommunity's CANCELLATIONplan afor lresident rrelocation iupon 20closure Date:SJCº,»SJC SJCºliquidation, insolvency»SJC or SJCºother»SJC h u circumstances that necessitate relocation;
____________________________» r t eh a[(30)] t(31) (enterin dateimmediate ofproximity transaction)to mthe mg 21 e dl Youi mayspace cancelreserved thisin transactionthe withoutcontract anyfor penaltythe orsignature of the h r ei 22s ch e, rresident, cin 23bold obligationtype withinof sevennot daysless fromthan thetwelve-point abovetype, date.e h t u g state the following:
If you e a n b 24l cancel,e anye payments, madegh by"You, you under the contractbuyer, ormay salecancel andthis utransaction [at any negotiabletime instrumentn executedd byd youi will= be= returnedo .217196.1h -l 13] -b SPAC/SB,d 51prior withinto tenmidnight businessof daysthe followingseventh receiptday byafter the providerdate of yourthis cancellationi notice,a andº anyr securitye interestr or= lientransaction. arising out of the transaction will be canceled.
ToSee cancelthe thisattached transaction,notice deliver a signed and dated copy of this cancellation noticeform orfor anyt othere writtenw notice,d orm send a telegram,n to:o d m :
_____________________________________b (Namer ofe Provider)t atº _________________________________________________________o (Addresst ofn Provider's= Place.217196.1AIC ofFebruary Business)17, not2020 later(10:32am) thans midnightk ofm _____________________e (Date)- I13 hereby- cancele a n e d r e l u [ A d SPAC/SB 51 an explanation of this transaction.right.";
__________________________________________________and (Buyer's[(31)] Signature)(32) ________________________contain (Date)"."a ecompleted eform, 17in SECTIONduplicate, 3.captioned "Notice of Cancellation", which shall be attached to the contract and easily detachable, and which shall contain in twelve-point boldface type the following information and statements in the same language as that used in the contract.
Section"NOTICE 24-17-7OF NMSACANCELLATION 1978Date: (being Laws 1985, e e n d 18 Chapter 102, Section 7) is amended to read:
=____________________________ =(enter ldate ]of 19transaction) "24-17-7.You may cancel this transaction without any penalty or obligation within seven days from the above date.
DISCLOSUREIf STATEMENTSyou FILEDcancel, WITHany THEpayments [STATEmade aby lyou runder ithe 20contract AGENCYor ON]sale AGINGand ANDany LONG-TERMnegotiable SERVICESinstrument DEPARTMENTexecuted FORby PUBLICyou twill ebe areturned twithin INSPECTION.--Noten laterbusiness thandays Julyfollowing 1,receipt 2020by andthe annually m m 21 e d thereafter, a provider shall [file] provide a copy of theyour rcancellation enotice, 22 c e r c 23 disclosure statement and any amendmentssecurity tointerest thator statementlien eh aarising nout bof 24 [with] to the [statetransaction agencywill on]be agingcanceled. and long-term services u [ department for public inspection during regular working hours." .217196.1 - 14 - SPAC/SB 51 SECTION 4.
Sectionu 24-17-16» NMSAr 1978To (beingcancel Lawsthis 1991,transaction, Chapterdeliver 263,a Sectionsigned 5)and isdated amendedt toh read:g e copy of this cancellation notice or any other written notice, l i h r i s or send a telegram, to:
"24-17-16._____________________________________ h , e h (Name of Provider) t u g e b l at _________________________________________________________ e e , gh n d d i = = o h (Address of Provider's Place of Business) l ] b ,d i a º r not later than midnight of _____________________ e r = t e w d (Date) m a n o d m :
IDENTIFICATIONb ANDr PROCEDURESe FORt CORRECTIONº OFo VIOLATIONS.--t A.n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 14 - e a n e d r e l u [ A d SPAC/SB 51 I hereby cancel this transaction.
The__________________________________________________ aging(Buyer's andSignature) long-term________________________ services(Date)"." departmentSECTION shall3. review all disclosure statements received to ensure that providers operate in accordance with the Continuing Care Act.
Section 24-17-7 NMSA 1978 (being Laws 1985, Chapter 102, Section 7) is amended to read:
"24-17-7.
DISCLOSURE STATEMENTS FILED WITH THE [STATE AGENCY ON] AGING AND LONG-TERM SERVICES DEPARTMENT FOR PUBLIC INSPECTION.--No later than July 1, SJCº2020»SJC SJCº2021»SJC and SJCºannually»SJC SJCºthereafter»SJC SJCºeach year thereafter, within one hundred eighty days after the end of a community's fiscal year»SJC, a provider shall [file] provide a copy of the disclosure statement and any amendments to that statement [with ] to the [state agency on] aging and long-term services department for public inspection during regular h u working hours." » r t h SECTION 4.
Section 24-17-16 NMSA 1978 (being Laws 1991, g e l i Chapter 263, Section 5) is amended to read:
h r i s h , "24-17-16.
IDENTIFICATION AND PROCEDURES FOR CORRECTION e h t u g OF VIOLATIONS.-- e b l e e , gh A.
The aging and long-term services department n d d i = = o h l ] b ,d shall review SJCºall»SJC disclosure statements SJCºreceived to i a º r e r = ensure that»SJC SJCºproviders operate in accordance with»SJC t e w d m a n o d m :
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 15 - e a n e d r e l u [ A d SPAC/SB 51 SJCºfiled pursuant to»SJC the Continuing Care Act SJCºfor compliance with that act»SJC.
e e 17 [B.] C.
The notice of violation shall state the e e n d 18 following:
= = l ] 19 (1) a description of a violation at issue;
a l r i 20 (2) the action that, in the judgment of the t e a t [state agency on]on ] aging and long-term services department, the mh m 21 e d provider should take to conform to the law or the assurances rg eo 22 c e r c 23 that the [state agency on ] aging and long-term services et ahr ng be 24i k department requires to establish that no violation is about to uh [r i s occur;
.217196.1h -, 15t, - SPAC/SB 51 (3) the compliance date by which the provider e u g e b l e e h shall correct any violation or submit assurances;
n d d i = = o h (4) the requirements for filing a report of l ] b ,d i a º e compliance;
and (5)r thei applicable= sanctionsr fort failuree tow correctd them violationa orn failureo to(5) file the reportapplicable ofsanctions compliancefor accordingfailure to thed termsm of: the notice of violation.
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 16 - e a n e d r e l u [ A d SPAC/SB 51 correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing e e 17 Care Act.
Subject to rules that the [state agency on ] aging e e n d 18 and long-term services department may promulgate, a = = l ] 19 representative of the resident association at any facility a l r i 20 affected by the notice shall have a right to attend the t e a t conference.
mh mg 21 e d [E.] F.
A person receiving a notice of violation ro et 22hr c e r c 23 shall submit a signed report of compliance as provided by the g e ai nk bh 24r notice.
The [state agency on ] aging and long-term services ui [s h department shall send a copy to the resident association of any .217196.1, -t, 16e -u SPAC/SBg 51 facility affected by the notice.
e b l e e h [F.] G.
Upon receipt of the report of compliance, n d d i = = o h l ] b ,d the [state agency on ] aging and long-term services department i a º e r i = r shall take steps to determine that compliance has been achieved."t SECTIONe 5.w d m a n o d m :
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 17 - e a n e d r e l u [ A d SPAC/SB 51 achieved." SECTION 5.
RULES AND REGULATIONS AUTHORIZED.--The aging and long-term services department [shallSJCº ][shall]»SJC maySJCº shall»SJC SJCºmay»SJC promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act,Act SJCº, including [but not limited to] requirements regarding financial reserves, disclosure and actuarial studies."studies."»SJC SJCº.»SJC SECTION 6.
REPORT TO ATTORNEY GENERAL--CIVIL ACTION-- e e 17 CIVIL PENALTIES.-- e e n d 18 A.
A person may report an alleged violation of the = = l ] 19 Continuing Care Act or rules promulgated pursuant to that act ah l r i 20 to the attorney general or to the aging and long-term services tg eo a t hr department.
mg m 21 e di k B.
Any time after the [state agency on] aging and rh e 22 c e r ci 23s long-term services department issues a notice of violation, the eh a, nt, be 24u g [state agency on aging ] department may send the attorney ue [b l e e h general a written report alleging a possible violation of the .217196.1n -d 17d -i SPAC/SB= 51= o h Continuing Care Act or any rule adopted pursuant to that act.
l ] b ,d i a º e C.
Upon receipt of [that] a report from any source allegingr ai violation= ofr thet Continuinge Carew Actd orm rulesa promulgatedn pursuanto toalleging thata act,violation of the attorneyContinuing generalCare shallAct promptlyor [conductrules and investigationm to: determine whether grounds exist for formally finding a violation.
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 18 - e a n e d r e l u [ A d SPAC/SB 51 promulgated pursuant to that act , the attorney general shall promptly [conduct an investigation to determine whether grounds exist for formally finding a violation.
Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the e e 17 violation remains uncorrected after the compliance date e e n d 18 stipulated in a notice of violation issued pursuant to the =Continuing =Care lAct." ]h u - 19 Continuing- Care» Act."r at h g e l i h r i 20s -h 18, -e h t eu ag te mb ml 21e e , gh n d rd ei 22= c= o h l ] b ,d i a º r e r c= 23t e w d m a n bo 24d um [: .217196.1
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e e a n e d r e l u [ A d
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View plain text versions (3)
- Amended Amendments in Context Current pdf
- Substitute PA substitute pdf
- Introduced introduced version pdf
Action History
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action postponed indefinitely
-
Sent to House Appropriations & Finance Committee
-
passed Senate
-
DO PASS, as amended, committee report adopted
-
DO NOT PASS, replaced with committee substitute
-
germane
-
Sent to Senate Committees' Committee & Senate Public Affairs Committee & Senate Judiciary Committee
-
Sent to Senate Pre-file
Sponsors
- Elizabeth "Liz" Thomson · Primary
- Bill Tallman · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Thomson, Elizabeth "Liz"
- Tallman, Bill
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 51?
- SB 51 is sponsored by Thomson, Elizabeth "Liz" and Tallman, Bill.
- What is the current status of SB 51?
- This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 51?
- Track SB 51 free on One Click Politics — get push/email alerts when it moves.
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