Chapter 8Reverse Mortgages
Section § 1812.540
This law section explains specific definitions used in the chapter related to staffing and care services at long-term health care facilities. It defines "direct care service" as basic care provided by certified nurse assistants, focusing on patient well-being. "Nursing service" involves licensed nurses and psychiatric technicians providing both basic and nursing care. "Licensed nursing staff" refers specifically to certified nurses and technicians. Lastly, "long-term health care facility" means a facility licensed according to certain standards.
Section § 1812.541
If a company that places temporary certified nurse assistants (CNAs) at long-term care facilities, it must provide certain information to the facility. This includes proof that each CNA is properly registered and in good standing, has at least six months of relevant experience, and has recently been health-checked, including a tuberculosis screening. Additionally, each CNA must join any required training or orientation programs and comply with ongoing training regulations.
Section § 1812.542
This law requires employment agencies that refer temporary licensed nurses to long-term care facilities to provide the facility with proof of the nurse's good standing with relevant nursing boards. They must also verify the nurse has passed a criminal background check and provide license details. Additionally, the agency must confirm the nurse has had a recent health exam, including a medical history, physical evaluation, and tuberculosis screening, and this must occur annually.
Section § 1812.543
This law sets rules for employment agencies that refer temporary nursing staff to long-term care facilities. These agencies must have policies to prevent abuse of residents by temporary staff, and they must verify in writing that referred staff have no unresolved abuse allegations. Temporary staff cannot be in charge of a unit without proper orientation. Agencies must provide lists of referred staff during labor disputes if asked by health authorities. Finally, temporary staff must be clearly identified in the facility's posted staffing levels.
Section § 1812.544
This law requires employment agencies that refer licensed nursing staff or certified nurse assistants to maintain records of their advertisements for one year. They cannot claim to be a home health agency and must clearly inform employers that they are only an employment agency. Complaints about these employment agencies can be reported to relevant authorities for action.
Section § 1923
This law defines a reverse mortgage as a type of loan that lets homeowners with significant equity in their house receive cash advances. The key points are that it's a nonrecourse loan, so homeowners aren't on the hook beyond the home's value, it doesn't require repayment until the homeowner sells the house or passes away, and it's granted by a licensed lender in compliance with state or national laws.
Section § 1923.10
Section § 1923.2
This law outlines requirements for reverse mortgage loans. First, you can pay back the loan early without a penalty. Interest rates can be fixed or adjustable and might depend on the property's value. Lenders can charge various fees throughout the loan's life. If the lender fails to provide the agreed loan advances, they must compensate you three times the withheld amount plus interest. Certain events, like selling the home or not living there anymore, can make the loan due. Temporary absences from the home are allowed without triggering repayment, and detailed interest and fee disclosures are required at loan closure. Lenders must not tie the purchase of annuities or other financial products to loan approval. Before applying, lenders must provide a list of HUD-approved counseling agencies for borrowers, who must complete counseling before proceeding with the loan. The lender must keep records of counseling certifications and comply with additional rules when offering loans.
Section § 1923.3
A reverse mortgage creates a legal claim or hold on your property for the total amount borrowed and interest. This claim takes precedence over any claims that are recorded after the reverse mortgage is filed.
Section § 1923.4
This law says that a property is considered 'owner-occupied' if the person living in it benefits from a trust, even if the trust holds the property's legal title.
Section § 1923.5
This law states that a reverse mortgage loan application can't proceed until the applicant receives important information about counseling. Before applying, the borrower must get a statement from the lender explaining the counseling requirement and its importance. The borrower must also complete a self-evaluation worksheet called the "Reverse Mortgage Worksheet Guide” which helps them consider key factors like the impact on people living with them, potential for default, other financial options, and government benefits.
The guide outlines five critical questions regarding future plans for the home, financial obligations, exploring other options, using the loan for financial products, and eligibility for government programs. Counselors must provide a signed certification for these requirements to affirm that the borrower has understood these implications.
Section § 1923.6
This law says that if a lender uses the exact form for a disclosure statement as required by this chapter, it's assumed they've met their obligation to disclose information properly.
Section § 1923.7
This section says that if a lender doesn’t follow all the rules in this chapter, it doesn’t automatically invalidate the agreement or lien. But, if there are other legal penalties or remedies available, those can still apply.