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purchasing,__financing, monitoring, tracking, underwriting, | | selling, transferring, assigning, pledging, hypothecating or in any | | other manner engaging in the business of settlement contracts. |
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| | | 3.__Chronically ill.__"Chronically ill" means: |
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| | | A.__Being unable to perform at least 2 activities of daily | | living, including, but not limited to, eating, moving from | | one place to another, bathing, dressing, voiding the | | bladder, eliminating the bowel or maintaining continence; |
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| | | B.__Requiring substantial supervision to protect the | | individual from threats to health and safety due to severe | | cognitive impairment; or |
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| | | C.__Having a level of disability similar to that described | | in paragraph A, as determined by the United States Secretary | | of Health and Human Services. |
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| | | 4.__Financing entity.__"Financing entity" means an | | underwriter, placement agent, lender, purchaser of securities, | | purchaser of a policy or certificate from a settlement provider, | | credit enhancer or any entity that has a direct ownership in a | | policy or certificate that is the subject of a settlement | | contract: |
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| | | A.__Whose principal activity related to the transaction is | | providing funds to effect the settlement or purchase of one | | or more purchased policies or to provide credit enhancement; | | and |
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| | | B.__Who has an agreement in writing with one or more | | licensed settlement providers to finance the acquisition of | | settlement contracts or to provide stop loss insurance. |
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| | | "Financing entity" does not include a nonaccredited investor. |
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| | | 5. Financing transaction.__"Financing transaction" means any | | transaction in which a licensed settlement provider obtains | | financing for the purchase, acquisition, transfer or other | | assignment of one or more settlement contracts or policies | | acquired pursuant to a settlement contract or interests therein, | | including, without limitation, any secured or unsecured | | financing, securitization transaction or securities offering, | | either registered or exempt from registration under federal and | | state securities law, or otherwise sells, assigns, transfers, | | pledges, hypothecates or otherwise disposes of a settlement | | contract or policy acquired pursuant to a settlement contract or | | interest therein. |
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