§ 4608. Contracts. A continuing care retirement contract or continuing\ncare at home contract shall contain all of the following information in\nno less than twelve point type and in plain language, in addition to any\nother terms or matter as may be required by regulations adopted by the\ncouncil and issued by the superintendent:\n 1. The amount of all money transferred, including, but not limited to,\ndonations, subscriptions, deposits, fees, and any other amounts paid or\npayable by, or on behalf of, the resident or residents or continuing\ncare at home contract holder or holders;\n 2. A description of all services which are to be furnished by the\noperator, a description of any fees in addition to the entrance fee and\nperiodic charges provided for in the contract, and the conditions under\nwhich the fees may be adjusted, provided that an operator shall not\ncharge any non-refundable application fee to a prospective resident who\nhas paid a non-refundable priority reservation agreement application\nfee;\n 3. The procedures of the community relating to a resident's or\ncontract holder's failure to pay the required monthly fees;\n 4. A statement of the figures and terms concerning the entry of a\nspouse to the community and the consequences if the spouse does not meet\nthe requirements for entry;\n 5. A statement of the terms and conditions under which a contract may\nbe cancelled by the operator or by a resident or contract holder and the\nconditions under which all or any portion of the entrance fee will be\nrefunded by the operator, including the mandatory refund provisions set\nforth in sections forty-six hundred nine and forty-six hundred ten of\nthis article;\n 6. a. The procedures and conditions under which a resident may be\ntransferred from his or her living unit or home including a statement\nthat, at the time of transfer, the resident will be given the reasons\nfor the transfer; the process by which a transfer decision is made; the\npersons with the authority to make the decision to transfer; a\ndescription of any change in charges to be paid by the resident for\nservices not covered by the contract fees as a result of the transfer;\nand a statement regarding the disposition of and the right to return to\nthe living unit in cases of temporary and permanent transfers.\n b. For continuing care retirement contracts, the circumstances under\nwhich a living unit may be considered vacant and eligible for transfer\nor resale to a new resident, either due to the permanent transfer of a\nresident to the community's nursing or other specialized facility or due\nto the permanent transfer of a resident to a hospital or other facility\noutside of the community; provided, however, that nothing therein shall\nrelieve a community from its obligations to provide or to insure\nprovision of all contractually required care pursuant to the terms of a\ncontinuing care retirement contract. Should a resident's chronic\ncondition require placement in a more specialized chronic care facility\nthat provides services beyond those provided through the community's\nnursing facility, the liability of the community pursuant to the terms\nof a continuing care retirement contract shall be equal to the current\nper diem rate of the nursing facility minus the pro rata apportionment\nof the resident's monthly fee for the period of care required by the\ncontract. Nothing herein shall obligate a continuing care retirement\ncommunity which does not have a life care contract with a resident to\nprovide or pay for a level of nursing facility services nor for any\nduration beyond what is specifically described in its continuing care\nretirement contract with that resident. This section shall not affect\nthe operator's obligation under subdivision two of section forty-six\nhundred twenty-four of this article;\n 7. For continuing care retirement contracts, a statement that, if the\nresident dies prior to occupancy date or, through illness, injury, or
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