Section 602 – Enforcement by department — Rulemaking.
Effective 7/17/2016 31A-44-602. Enforcement by department — Rulemaking. (1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may: (a) receive and act on a complaint from a resident about a provider or a facility; (b) take action designed to obtain voluntary compliance by the provider with this chapter for […]
Section 603 – Examinations.
Effective 5/9/2017 31A-44-603. Examinations. (1) The department may conduct periodic on-site examinations of a provider. (2) In conducting an examination, the department or the department’s staff: (a) shall have full and free access to all the provider’s records; and (b) may summon and qualify as a witness, under oath, and examine, any director, officer, member, […]
Section 604 – Criminal and civil penalties.
Effective 5/10/2016 31A-44-604. Criminal and civil penalties. (1) A person who knowingly violates this chapter or files materially false information with a registration application or renewal under this chapter is: (a) guilty of a class B misdemeanor; and (b) subject to revocation of the person’s registration under this chapter. (2) Subject to Title 63G, Chapter […]
Section 605 – Civil liability.
Effective 7/17/2016 31A-44-605. Civil liability. (1) A provider who enters into a continuing care contract with an individual without complying with the disclosure statement requirement described in this chapter, or who makes a continuing care contract with an individual who relies on a disclosure statement that misstates or omits a material fact, is liable to […]
Section 506 – Payment of trustee.
Effective 5/10/2016 31A-44-506. Payment of trustee. A trustee’s reasonable costs, expenses, and fees are payable from a provider’s or facility’s assets. Enacted by Chapter 270, 2016 General Session
Section 601 – Lien held by the commissioner in favor of a resident or a group of residents.
Effective 7/17/2016 31A-44-601. Lien held by the commissioner in favor of a resident or a group of residents. (1) To secure the obligations of the provider to a resident or a group of residents under a continuing care contract, the commissioner holds a lien in favor of the resident or group of residents that attaches […]
Section 403 – Resident advisory committee.
Effective 5/10/2016 31A-44-403. Resident advisory committee. (1) A provider shall maintain, beginning no later than two years after the day on which a facility is operational, a resident advisory committee for the facility that meets the requirements of this section. (2) A resident advisory committee shall: (a) consist of no fewer than the lesser of […]
Section 404 – Nondisturbance of residents.
Effective 7/17/2016 31A-44-404. Nondisturbance of residents. (1) A person may not directly or indirectly disturb the rights of a resident or third party beneficiary under a continuing care contract and this chapter if the resident has substantially performed the resident’s obligations under the continuing care contract. (2) If the person to whom a resident owes […]
Section 405 – Continuing care facilities not exempt from property tax.
Effective 5/10/2016 31A-44-405. Continuing care facilities not exempt from property tax. Notwithstanding any tax-exempt status of a provider or facility, a provider or facility is liable for property tax due under Title 59, Chapter 2, Property Tax Act. Enacted by Chapter 270, 2016 General Session
Section 501 – Application for court order for rehabilitation or liquidation.
Effective 5/10/2016 31A-44-501. Application for court order for rehabilitation or liquidation. (1) The department may request that the attorney general petition a district court in the state, or a federal bankruptcy court that has exercised jurisdiction over a provider’s facility, for an order that appoints a trustee to rehabilitate or liquidate the facility if: (a) […]