Section 505 – Termination of rehabilitation.
Effective 5/10/2016 31A-44-505. Termination of rehabilitation. (1) A court may terminate a rehabilitation of a provider’s facility and order the return of the facility and the facility’s assets to the provider if the court determines: (a) the objectives of the order to rehabilitate the facility have been accomplished; and (b) the facility may be returned […]
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) […]
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 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 […]