31A-44-301. Precontractual recording requirements.

222 words·~1 min read·/ut/title-31a/chapter-44/31a-44-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/10/2016

(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 Subsection

(1)before the provider:

(a)contracts to provide continuing care to a resident in this state;

(b)extends the term of an existing continuing care contract with a resident in this state that requires a person to pay an entrance fee, regardless of whether the extended continuing care contract requires an entrance fee; or

(c)solicits or offers, or directs another person to solicit or offer, a continuing care contract to a resident of the state.

(3)A provider solicits or offers a contract under Subsection (2)(c) , if, after 12 months before the day on which a party to a continuing care contract signs or accepts a continuing care contract, the provider or a person acting on behalf of the provider gives information concerning the facility or the availability of a continuing care contract for the facility:

(a)in a direct communication to an individual in the state; or

(b)in a paid advertisement published in or broadcast from the state, except for a paid advertisement in a publication with more than two-thirds of the publication's circulation outside of the state.

Enacted by Chapter 270 , 2016 General Session