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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
151
:
CONTINUING CARE RETIREMENT COMMUNITIES
§
8007. Refunds
(a) Unless
otherwise provided in this section, all refunds of entrance fees shall be made
within 60 days of the day notice of termination is given. Refunds shall be made
less any additional costs specifically incurred by the provider at the request
of the resident and set forth in writing as a separate addendum. Refunds shall
be made according to the following provisions.
(b) If the
contract is terminated:
(1) due to death
prior to the occupancy date or 90 days thereafter, or if the person is
precluded from becoming a resident under the continuing care contract due to
illness, injury, or incapacity, the provider shall refund within 10 days all
entrance fees received in connection with the contract;
(2) due to death
after the first 90 days but within the first year of occupancy, at least 50
percent of the entrance fee shall be refunded.
(c) If the
contract is voluntarily terminated by the resident and:
(1) occurs
within 30 days of the date the contract was entered, the provider shall refund all
money paid or property transferred in connection with the contract within 10
days;
(2) occurs more
than 30 days after the contract is entered into and within the first 90 days of
occupancy, the resident shall receive a refund of the entrance fee less an
amount up to four percent of the entrance fee;
(3) occurs more
than 90 days after occupancy, a refund shall be calculated on a pro rata basis
with the provider retaining no more than two percent of the entrance fee per
month of occupancy.
(d) If the contract
is terminated by the provider, the provider shall refund an amount equal to the
entrance fee divided by the resident's years of expected lifetime at the time
of admission multiplied by his or her years of lifetime at the time of
discharge or dismissal. For purposes of this subsection, years of expected
lifetime shall be computed on the basis of the mortality tables used by the
department under the provisions of section 3784 of this title at the time of
the discharge or dismissal. However, in any event refunds shall not be less
than ten percent of the entrance fee. Refunds due under this subsection shall
be due and payable within ten days of the date that the resident relinquishes
possession of the living unit.
(e) If less than
80 percent of individual units are contracted, a provider may apply to the
Commissioner for permission to delay the refund period under subdivisions
(c)(2) and (3) of this section for up to 24 months or until receipt of an
entrance fee for the same or a comparable unit, whichever is earlier. If the
Commissioner determines that the financial condition of the provider requires
such an extension, he or she may order partial distribution of the refund in
order to protect a resident from undue hardship.
(f)
Notwithstanding the other refund provisions of this section, if the facility is
not available for occupancy a provider may elect to defer payment of refunds of
up to 50 percent of the entrance fee received from or on behalf of the resident
until receipt of an entrance fee for the same or a comparable unit or until the
facility is occupied, whichever occurs first. However, in no event shall the
provider defer payment of a refund for more than 24 months.
(g) In the event
a provider defers payment of the refund beyond 60 days under subsections (e)
and (f) of this section, it shall pay interest to the resident at a rate which
is two percentage points above the prime rate charged by banks, as that term is
defined in 32 V.S.A. § 3108(a). (Added 1987, No. 247 (Adj. Sess.), § 1.)