US Lawyer Database

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 […]

Section 313 – Cancellation of contract — Death or incapacity before occupancy.

Effective 5/10/2016 31A-44-313. Cancellation of contract — Death or incapacity before occupancy. (1) A continuing care contract to provide continuing care in a living unit in a facility is cancelled if the resident: (a) dies before occupying a living unit in the facility; or (b) is precluded under the terms of the contract from occupying […]

Section 314 – Disclosure statement fees.

Effective 5/10/2016 31A-44-314. Disclosure statement fees. A provider that files a disclosure statement under this chapter shall pay to the department a fee established by the department in accordance with Section 63J-1-504. Enacted by Chapter 270, 2016 General Session

Section 401 – Continuing care contract requirements — No waiver.

Effective 7/17/2016 31A-44-401. Continuing care contract requirements — No waiver. (1) A continuing care contract shall: (a) provide that the provider shall refund the portion of a departing resident’s entrance fee that the provider has agreed to refund, if any, no later than the earlier of: (i) if the departing resident ceased occupancy of the […]

Section 402 – Actuarial reserve — Department may require.

Effective 5/10/2016 31A-44-402. Actuarial reserve — Department may require. (1) The department may require a provider that the department determines has actuarial liability under Section 31A-44-204 to create an additional reserve fund to offset the actuarial liability. (2) The department may require the additional reserve fund described in Subsection (1) by rule made in accordance […]

Section 306 – Disclosure statement — Contents — Health care information.

Effective 5/10/2016 31A-44-306. Disclosure statement — Contents — Health care information. The provider disclosure statement shall include: (1) a description of the facility as an independent living, assisted living, or nursing care facility, or a combination of facility types; (2) a general description of medical services provided at the facility in addition to assisted living […]

Section 203 – Renewal process.

Effective 5/10/2016 31A-44-203. Renewal process. In order to renew a registration under this section, a provider shall: (1) pay an annual fee established by the department in accordance with Section 63J-1-504; (2) submit an updated provider disclosure statement that complies with Section 31A-44-301; (3) submit a copy of the most recent version of the continuing […]