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Act 448 of 2014
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CONTINUING CARE COMMUNITY DISCLOSURE ACT

Act 448 of 2014

AN ACT to regulate the offer and sale of life interests and long-term leases in retirement communities that provide certain services and are independent living units, nursing homes, homes for the aged, adult foster care facilities, home care service agencies, hospices, or places that provide care for certain periods; to prohibit fraudulent practices in relation to the offer and sale of those life interests and long-term leases; to provide for the powers and duties of certain state governmental agencies; to provide for penalties and remedies; to prescribe penalties and civil sanctions; and to repeal acts and parts of acts.


History: 2014, Act 448, Eff. Apr. 2, 2015




The People of the State of Michigan enact:

DocumentTypeDescription
Section 554.901SectionShort title.
Section 554.903SectionDefinitions; A to C.
Section 554.905SectionDefinitions; D to L.
Section 554.907SectionDefinitions; M to O.
Section 554.909SectionDefinitions; P to R.
Section 554.911SectionDefinitions; S.
Section 554.913SectionContinuing care community; organization and operation; purpose; member to service in advisory capacity.
Section 554.915SectionContinuing care agreement; registration or exemption required; applicability to written or oral arrangements; offer or sale; conditions; circumstances.
Section 554.917SectionRules; exemption; variance; area not considered home for the aged or adult foster care facility; relationship not subject to laws between landlord and tenant.
Section 554.919SectionInitial registration; submission of information; missing or unreliable information; cost of investigation; deposit of payment; registration of 2 or more retirement communities as single continuing care community; consideration of opinions, appraisals, and reports of experts; electronic transmission of application and fee.
Section 554.921SectionIncomplete application; notification; order approving or denying registration.
Section 554.923SectionEffect of order approving or filing registration.
Section 554.925SectionRenewal of registration; application form to be sent by department.
Section 554.927SectionApplication for registration renewal; processing; failure to submit application or fee; continuation of current registration; failure to file renewal application.
Section 554.929SectionExtension of registration; requirements; fees.
Section 554.931SectionFees; continuing care administration fund; creation; disposition; investment; money remaining at close of fiscal year; expenditures.
Section 554.933SectionReportable changes; amendment of registration.
Section 554.935SectionDelivery of continuing care agreements, emergency plan, and disclosure statement; availability of feasibility study.
Section 554.937SectionDisclosure statement.
Section 554.939SectionContinuing care agreement; requirements.
Section 554.941SectionFinancial statements; requirements.
Section 554.943SectionFinancial forecast.
Section 554.945SectionFunds to be held in trust account; deposit with escrow agent; conditions; temporary suspension order; return of escrowed funds; escrow agreement and account; requirements; release of funds.
Section 554.947SectionAlternative financial arrangement.
Section 554.949SectionRecords; reports.
Section 554.951SectionAdvertising or marketing communication.
Section 554.955SectionOffer or sale of continuing care agreement; prohibited acts.
Section 554.957SectionAppointment of independent conservator or guardian.
Section 554.959SectionArbitration.
Section 554.961SectionService of process; irrevocable consent appointing department.
Section 554.963SectionInvestigations.
Section 554.965SectionReview and audit of documents and records.
Section 554.967SectionRepayment of entrance fee; temporary suspension.
Section 554.969SectionOrder denying, suspending, or revoking registration.
Section 554.971SectionCease and desist order.
Section 554.973SectionInjunction, restraining order, or writ of mandamus.
Section 554.975SectionCivil fine; costs; sanctions; continuing care agreement as voidable; refund.
Section 554.977SectionLiability; offer of rescission.
Section 554.979SectionLiability by implication; liability under other statute or common law.
Section 554.981SectionPerson materially aiding in act or transaction constituting violation; joint and several liability.
Section 554.983SectionStatute of limitations.
Section 554.985SectionViolation as felony; penalty; seizure and forfeiture of proceeds or instrumentality of crime.
Section 554.987SectionPromulgation of rules.
Section 554.989SectionDisclosure of filings; exemption; confidentiality of social security numbers.
Section 554.991SectionLife interest or long-term lease agreement under former act.
Section 554.993SectionFacility or person registered or exempt under former act.
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