Section 151.9. Standards for disclosure statement and resident’s agreement

(a) Drafting. Disclosure statements and resident’s agreements shall be drafted in consideration of the amount and nature of the information to be relayed to prospective residents.

(b) Readability. Documents given to residents and prospective residents, including disclosure statements and resident’s agreements, shall be drafted in accordance with the following standards:

(1) The language used shall be readable by a person of average intelligence and education.

(2) Information presented should be conveyed in a logical sequence and in a clear and direct fashion.

(3) Complex and compound sentences should be avoided.

(4) Words should convey their commonly understood meanings.

(5) Definitions shall be included for words or terms which cannot properly be explained or qualified in the text.

(6) Frequent section headings should be used to permit ease in locating provisions.

(7) Documents shall be printed in easily legible typeface. A sample of typefaces which meet minimum standards of legibility may be found in § 64.9 (relating to legibility).

(8) Documents shall be printed in type-size easily legible to the audience to whom the literature is directed. Upright type at least as large as 10-point type should be used.

(c) Index. Multipaged documents shall contain an index giving a comprehensive listing of all section headings used in the document. If the index does not appear at the beginning of the document, the location of the index shall be noted on the first page.

(d) Pre-existing conditions. If pre-existing conditions are excluded, or limited as to coverage, from the medical care and services available from the provider, whether or not available at an additional charge, the term pre-existing conditioning shall not limit coverage beyond that stated in the following definition: ‘‘A pre-existing condition is a disease, illness, sickness or physical condition for which medical care, advice or treatment was recommended by or received from a physician within the 5 year period preceding the date of admission to a facility.’’

(e) Rescission. A prospective resident shall have the right to rescind the resident’s agreement, without penalty or forfeiture, within 7 days after each of the following times:

(1) The initial date funds are deposited with or remitted to a provider or facility.

(2) The date of execution of a resident’s agreement.

(f) Form. The disclosure statement and resident’s agreement shall have attached a separate page notifying prospective residents of their right to rescind the resident’s agreement as follows:

NOTICE OF RIGHT TO RESCIND

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date rescission period begins

You may rescind and terminate your resident’s agreement, without penalty or forfeiture, within 7 days of the above date. You are not required to move into the continuing care facility before the expiration of this 7 day period. No other agreement or statement you sign shall constitute a waiver of your right to rescind your agreement within the seven (7) day period.

To rescind your resident’s agreement, mail or deliver a signed and dated copy of this notice, or any other dated written notice, letter or telegram, stating your desire to rescind to (name of provider/facility) at (business address) not later than midnight of (last day for rescission).

Pursuant to this notice, I hereby cancel my resident’s agreement.

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DATE

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PROSPECTIVE RESIDENT’S
SIGNATURE

The provisions of this § 151.9 adopted March 15, 1985, effective March 16, 1985, 15 Pa.B. 1051.