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 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 […]