Title 31A, Title 31A: Insurance Code

31A-44-202. Registration. (1) To register under this part, a person shall: pay an original registration fee established by the department in accordance with Section; and 63J-1-504 submit a registration statement, in a form approved by the department, that contains the information…

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…

31A-44-204. Actuarial review. (1) This section applies only to a provider that directly or indirectly offers a future guarantee of continuing care that the department determines develops current actuarial liabilities. This section does not apply to a provider that offers continui…

31A-44-205. Suspension or revocation of registration. The department may suspend or revoke a provider's registration if the provider intentionally violates this chapter.

31A-44-206. Management by others. A provider may not contract for total management of a facility unless the provider notifies the department.

31A-44-301. Precontractual recording requirements. (1) A provider shall file with the department a current disclosure statement that meets the requirements of this part. (2) A provider shall comply with Subsectionbefore the provider: (1) contracts to provide continuing care to a …

31A-44-302. Delivery of disclosure statement. (1) A provider shall deliver a disclosure statement to an individual before the earlier of the date: the provider executes a continuing care contract with the individual; or the individual transfers an entrance fee or a nonrefundable …

31A-44-303. Cover page of disclosure statement. The cover page of a disclosure statement shall state: (1) the disclosure statement's date in a prominent location and in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so …

31A-44-304. Disclosure statement -- Contents -- Provider characteristics. A provider disclosure statement shall contain: (1) the name and business address of each provider officer, director, trustee, and managing or general partner of the provider; (2) the name and business addre…

31A-44-305. Disclosure statement -- Contents -- Contract. A provider disclosure statement shall include a description of the following provisions contained in the provider's continuing care contract: (1) a description of the services provided under the provider's proposed continu…

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 descr…

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 und…

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 facil…

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 Sectionsand. 31A-44-312 31A-44-313

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'…

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.

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: midnight on the day seven days after the day on which the individual executes the continuin…

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: dies before occupying a living unit in the facility; or is precluded under the term…

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.

31A-44-315. Financial assessment. (1) The department shall assess the financial condition of a provider no less than once per year. (2) The department may consider any relevant documents and information in performing an assessment. (3) A provider shall prepare and timely provide …

31A-44-401. Continuing care contract requirements -- No waiver. (1) A continuing care contract shall: 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: if the dep…

31A-44-402. Actuarial reserve -- Priority of entrance fee refunds. (1) The department may require a provider that the department determines has actuarial liability under Sectionto create an additional reserve fund to offset the actuarial liability. 31A-44-204 (2) The department m…

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 committe…

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 cont…

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.

31A-44-501.1. Receivership. (1) The department may, by petition or motion, request that a court appoint the commissioner as receiver for a provider. (2) The court may appoint the commissioner as receiver if, as determined by the commissioner, the provider: is insolvent or at mate…

31A-44-502. Relief available. (1) In a judicial proceeding, including under Sectionsand, a court may: 31A-44-501 31A-44-501.1 direct a receiver to take possession of the provider's property in order to conduct the provider's business, including employing any manager or agent that…

31A-44-504. Bond. A court may refuse to make or vacate an order to rehabilitate a provider's facility under this part if the provider posts a bond that is: (1) in an amount that the court determines is equal to the reserve funding the provider needs to fulfill the provider's obli…

31A-44-505. Termination of receivership. (1) A court may terminate a receivership of a provider's facility and order the return of the facility and the facility's assets to the provider if the court determines: the objectives of the receivership orders have been accomplished; and…

31A-44-506. Payment of receiver. A receiver's and any deputy receiver's reasonable costs, expenses, and fees are payable from a provider's or facility's assets.

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 resid…

31A-44-602. Enforcement by department -- Rulemaking. (1) Subject to the requirements of, the department may: Title 63G, Chapter 4, Administrative Procedures Act receive and act on a complaint from a resident about a provider or a facility; take action designed to obtain voluntary…

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: shall have full and free access to all the provider's records; and may summon and qualify as a witness…

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: guilty of a class B misdemeanor; and subject to revocation of the person's registrati…

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 s…