North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S145

Introduced
2/22/23  
Refer
2/23/23  
Refer
5/18/23  
Report Pass
6/6/23  
Refer
6/6/23  
Report Pass
6/20/23  
Refer
6/20/23  
Report Pass
6/26/23  
Refer
6/26/23  
Report Pass
6/27/23  
Engrossed
6/28/23  

Caption

Continuing Care Retirement Communities Act.-AB

Impact

The enactment of SB 145 will significantly affect existing statutes related to elder care and continuing care contracts by instituting stricter regulations for providers. It sets forth requirements for providers to maintain escrow accounts for entrance fees, ensure transparency in financial reporting, and obtain the necessary permissions before undertaking expansions or changes in their operations. These changes aim to enhance consumer protection, particularly for vulnerable senior populations, thereby ensuring that they are not left in precarious situations if a provider faces financial difficulties.

Summary

Senate Bill 145, titled the Continuing Care Retirement Communities Act, is designed to enhance the regulatory framework surrounding continuing care retirement communities in North Carolina. This bill aims to protect the financial investments of residents, who often spend substantial portions of their savings on contracts with providers, by ensuring these providers are licensed and monitored by the Department of Insurance. The legislation underscores the importance of financial stability and accountability in this sector, with a focus on safeguarding senior residents’ rights and welfare, facilitating ethical practices in terms of how providers manage client funds and resources.

Sentiment

The sentiment surrounding SB 145 appears to be largely positive, particularly among advocates for senior rights and consumer protection. Supporters argue that the bill is a necessary step toward providing robust oversight and accountability within the industry, thereby fostering greater trust among consumers. However, some concerns have been raised regarding potential administrative burdens on providers and whether the regulations might hinder the growth or viability of new continuing care retirement communities. Overall, the legislative discourse emphasizes a balance between regulatory oversight and the operational flexibility needed by providers to serve the community effectively.

Contention

Notable points of contention associated with SB 145 include discussions on the implications of increased regulatory scrutiny versus the autonomy of providers. Some stakeholders fear that heavy-handed regulations could stifle innovation and lead to higher costs for residents in the long run. Furthermore, the requirement for extensive financial documentation and reporting could pose challenges, particularly for smaller or newly established providers. The bill's passage reflects a broader legislative trend toward enhancing consumer protections in financial transactions associated with elder care services, which remains a vital area of focus in state laws.

Companion Bills

NC H170

Same As Continuing Care Retirement Communities Act.-AB

Previously Filed As

NC H170

Continuing Care Retirement Communities Act.-AB

NC H357

Continuing Care Retirement Communities Act.-AB

NC H719

Continuing Care Retirement Communities Act.-AB

NC S105

Continuing Care Retirement Communities Act.-AB

NC SB124

Relative to continuing care retirement communities.

NC AB853

Continuing care retirement communities.

NC SB01043

An Act Concerning Continuing Care Communities.

NC HB05358

An Act Establishing A Bill Of Rights For Residents Of Continuing-care Retirement Communities.

NC AB3088

Continuing care contracts: retirement communities.

NC HB1177

Continuing Care Retirement Communities - Subscriber Rights and Provider Duties

Similar Bills

NC H357

Continuing Care Retirement Communities Act.-AB

NC H719

Continuing Care Retirement Communities Act.-AB

NC H170

Continuing Care Retirement Communities Act.-AB

NC S105

Continuing Care Retirement Communities Act.-AB

NH SB124

Relative to continuing care retirement communities.

KS HB2560

Enacting the Kansas money transmission act and the Kansas earned wage access services act, providing when applications under the state banking code are considered abandoned or expired, allowing an originating trustee to have such trustee's principal place of business outside of Kansas, authorizing any person to become a depositor or lessor of a safe deposit box, providing methods in which bank deposits may be withdrawn by a depositor and prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary for children and families, secretary of corrections or a federally recognized Indian tribe.

CA AB1699

Insurance: fees and charges.