SECTION 310:680-15-1. Resident's contract

(a)   A written contract shall be executed between a resident or his/her guardian or responsible party, or if the resident is a minor, his parent, and a home or its agent within one hundred twenty (120) days from the time a resident is admitted to a home, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to private funds, or when the terms of the contract are changed.

(b)   A copy of the contract form shall be given to the resident and to the resident's representative, if any, at the time of the resident's admission to the residential care home.

(c)   A copy of the contract for a resident who is supported by nonpublic funds other than the resident's own funds shall be made available to the person providing the funds for the resident's support.

(d)   The contract shall be written in clear and unambiguous language and shall be printed in type no smaller than standard typewriter pica or elite type. The general form of the contract shall be prescribed by the Department.

(e)   The contract shall specify:

(1)   The terms of the contract.

(2)   The services to be provided under the contract and the charges for the services.

(3)   The services that may be provided to supplement the contract and the charges for the services.

(4)   The sources liable for payments due under the contract.

(5)   The amount of deposit paid.

(6)   The rights, duties, and obligations of the resident, except that the specification of a resident's right may be furnished on a separate document.

(f)   The contract shall designate the name of the resident's representative, if any.

(g)   The contract shall provide that if the resident dies, or is compelled by a change in physical or mental health to leave the residential care home, the contract and all obligations under it shall terminate immediately. All charges shall be prorated as of the date on which the contracts terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident.