The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Commissioner.” The Insurance Commissioner.

“Continuing care.” The furnishing to an individual, other than an individual related by consanguinity or affinity to the person furnishing such care, of board and lodging together with nursing services, medical services or other health-related services, regardless of whether or not the lodging and services are provided at the same location and pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts and in consideration of the payment of an entrance fee with or without other periodic charges.

“Department.” The Insurance Department.

“Entrance fee.” An initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which is less than the sum of the regular periodic charges for one year of residency will not be considered to be an entrance fee for the purposes of this act.

“Facility.” The place or places in which a person undertakes to provide continuing care to an individual.

“Living unit.” A room, apartment, cottage or other area within a facility set aside for the exclusive use or control of one or more identified individuals.

“Manager.” A person who operates a facility for the provider.

“Omission of a material fact.” The failure to state a material fact required to be stated in any disclosure statement or registration in order to make the statements made therein not misleading in light of the circumstances under which they were made.

“Provider.” A person undertaking to provide continuing care in a facility.

“Resident.” An individual entitled to receive continuing care in a facility.

“Solicit.” All actions of a provider or manager in seeking to have individuals residing in this Commonwealth pay an application fee and enter into a continuing-care agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by any individual in this Commonwealth and any advertisements in any media distributed or communicated by any means to individuals in this Commonwealth.