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) […]
Section 502 – Order to rehabilitate.
Effective 7/17/2016 31A-44-502. Order to rehabilitate. (1) A court order to rehabilitate a facility under Section 31A-44-501 may direct a trustee to: (a) take possession of the provider’s property in order to conduct the provider’s business, including employing any manager or agent that the trustee considers necessary; and (b) take action as directed by the […]
Section 503 – Order to liquidate.
Effective 7/17/2016 31A-44-503. Order to liquidate. (1) If the trustee determines that further efforts to rehabilitate a provider’s facility are impractical or useless, the trustee may petition a court for liquidation of the facility. (2) A court that issues an order to liquidate a facility under Subsection (1) shall appoint a trustee to collect and […]
Section 307 – Disclosure statement — Contents — Financial information.
Effective 5/10/2016 31A-44-307. Disclosure statement — Contents — Financial information. The provider disclosure statement shall: (1) describe any provisions the provider made or will make to provide reserve funding or security to enable the provider to fully perform the provider’s obligations under a continuing care contract, including: (a) the establishment of an escrow account, trust, […]
Section 308 – Anticipated source and application of funds.
Effective 5/10/2016 31A-44-308. Anticipated source and application of funds. If a provider’s facility is not in operation, the provider disclosure statement shall include a statement of the provider’s anticipated source and application of funds to be used in the purchase or construction of the facility, including: (1) an estimate of the cost of purchasing or […]
Section 309 – Standard contract form.
Effective 5/10/2016 31A-44-309. Standard contract form. (1) A provider shall attach a copy of the provider’s standard contract form to a disclosure statement. (2) The standard contract form shall specify the refund provisions of Sections 31A-44-312 and 31A-44-313. Enacted by Chapter 270, 2016 General Session
Section 310 – Annual disclosure statement revision.
Effective 5/10/2016 31A-44-310. Annual disclosure statement revision. (1) A provider shall file a revised disclosure statement with the department before 120 days after the day on which the provider’s fiscal year ends. (2) The revised disclosure statement shall revise, as of the end of the provider’s fiscal year, the information required by this part. (3) […]
Section 311 – Advertisement in conflict with disclosures.
Effective 5/10/2016 31A-44-311. Advertisement in conflict with disclosures. A provider may not engage in any type of advertisement for a continuing care contract or facility if the advertisement contains a statement or representation in conflict with the disclosures required under this part. Enacted by Chapter 270, 2016 General Session
Section 312 – Rescission of contract — Required language.
Effective 5/10/2016 31A-44-312. Rescission of contract — Required language. (1) An individual who executes a continuing care contract with a provider may rescind the contract at any time before the later of: (a) midnight on the day seven days after the day on which the individual executes the continuing care contract; or (b) a time […]