Miscellaneous

(a) Continuing-care: A determination by the department that an arrangement in regard to existing or prospective shelter, and medical or nursing services or other health-related benefits constitutes a continuing care contract and the site or sites at which provision of services and benefits is made constitutes a continuing care retirement community, will be made after consideration of the following guidelines: (1) The resident's right to occupy shelter does not solely constitute either an ownership interest, or a usual and customary leasehold; (2) There are specific commitments for present or future medical or nursing services or other health-related benefits; (3) A present or future transfer of assets is required, a specific part of which may be applicable to the obligation to provide medical or nursing services or other health-related benefits, and part of which may be applicable to the obligation to provide shelter; (4) There are periodic charges or a part thereof which may be applicable to the obligation to provide medical or nursing services or other health related benefits; (5) There are limited rights to transfer shelter to another person whether or not to or through the provider, or no such rights of transfer at all; (6) There may be, in the event of the departure or death of a resident subsequent to the occupation of the shelter, limitations on return to a resident or his estate of any advance payments or transfers of funds made by him. (7) The provision of qualifying medical or nursing services or other health related benefits is a condition of occupancy of any residential unit. (b) Filing of documents: (1) Three copies of disclosure statements, financial and actuarial data, and any other documents or information required to be filed, shall be submitted by certified mail, return receipt requested, or delivered by hand to the Department on Aging, 175 Main Street, Hartford, CT 06106, Attn: Office of the Commissioner. (2) All documents shall, upon receipt by the Department, be date stamped on the cover page and on one inside page. (3) (A) A date-stamped receipt shall be given for any documents hand delivered, but such a receipt shall not constitute "acknowledgement" within the meaning of the Act. (B) Any receipt shall also specify the name of the provider, and shall identify the documents delivered. (c) Annual fees: (1) Each provider having an accepted disclosure statement or an accepted revised disclosure statement on file with the department shall pay an annual fee equal to twenty four dollars ($24.00) multiplied by the number of residential units at the facility to which the disclosure statement applies. Said fee shall be paid not later than five business days after the first day of January in each year, and shall be accompanied by a signed letter from the provider specifying the number of residential units at the facility. Acknowledgment, in writing, of receipt of the required fee shall be promptly issued by the department. If the fee is not paid as herein set forth, the disclosure statement for the facility shall cease to be effective for the purposes of the act until the provider has received the department's written acknowledgment of payment of the fee. (2) Initial disclosure statements: An initial disclosure statement submitted for filing shall not be accompanied by any fee. Acknowledgment by the commissioner of acceptance for filing in accordance with Section 17b-533-2 (a) (1) of these regulations shall specify the amount of the fee which is due, based on the formula set forth in (1) above. Notwithstanding acknowledgment of acceptance for filing, the disclosure statement shall not be effective for purposes of the act until notification to the provider from the department that the required fee has been received. (d) Fiscal year: (1) When an initial disclosure statement is filed, the provider shall state the fiscal year of the provider either in the transmission letter, or on the cover page of the disclosure statement. (2) In the event a provider changes its fiscal year it shall notify the commissioner thereof. The commissioner may, on such terms and conditions in regard to required filings as the commissioner deems appropriate, require interim filings or bridge reports. (e) Informal reviews: (1) A provider may, at any time, seek the informal advice or views of the department in regard to any matter pertaining to the provisions of the Act or these regulations, but in no event shall any views given or advice rendered informally by the department be deemed binding on actions or determinations of the department which may subsequently be undertaken or rendered in a formal determination. (2) Actions taken by a provider in good faith reliance or informal advice shall not be subject to any penalty, or action by the commissioner other than as may be necessary to provide for full disclosure.