376.900. Definitions.
Definitions.
376.900. For the purpose of sections 376.900 to 376.950 the followingwords and terms mean:
(1) "Care for a term of years", an agreement between a resident and aprovider whereby the resident pays a fee for the right to occupy space in adesignated facility, and to receive continuing care, for at least one year,but for less than the life of the resident. "Care for a term of years" alsorefers to a contract or agreement for continuing care for an indefinite term;
(2) "Continuing care" or "care", furnishing shelter, food, and nursingcare, whether the nursing care is provided in the facility or in anothersetting designated by the agreement for continuing care, to an individual notrelated by consanguinity or affinity to the provider furnishing such care.Other personal services provided shall be designated in the continuing careagreement. "Continuing care" shall include only life care, care for life, orcare for a term of years;
(3) "Department", the Missouri department of insurance, financialinstitutions and professional registration;
(4) "Entrance fee", an initial or deferred payment of a sum of money orproperty which assures the resident a place in a facility for a term of yearsor for life. An accommodation fee, endowment fee, admission fee, or other feeof similar form and application shall be considered to be an entrance fee;
(5) "Facility", a place in which it is undertaken to provide continuingcare to an individual for a term of years or for life;
(6) "Life care" or "care for life", a life lease, life membership, lifeestate, or similar agreement between a resident and a provider by which theresident pays a fee for the right to occupy a space in a designated facilityand to receive continuing care for life;
(7) "Provider", the owner or operator, whether a natural person,partnership, or other unincorporated association, however organized, or trustor corporation, of an institution, building, residence, or other place,whether operated for profit or not, which owner or operator undertakes toprovide continuing care for a fixed or variable fee, or for any otherremuneration of any type, whether fixed or variable, for the period of care,payable in a lump sum or lump sum and monthly maintenance charges or ininstallments; however, the term "provider" shall not include facilitiesoperated, owned, or leased for operation by any fraternal or religiousorganization if the organization as a matter of policy limits residents tothose who are members or spouses of members of the organization;
(8) "Resident" means a person who enters into a life care contract witha provider or who is designated in a life care contract to be a personprovided with services, board, and lodging.
(L. 1981 S.B. 84 § 1)