31A-44-304. Disclosure statement -- Contents -- Provider characteristics.
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Effective 5/10/2016
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 address of each person who has at least a 10% interest in the provider and a description of the person's interest in or occupation with the provider;
(3)a statement of whether the continuing care provider is a for-profit or not-for-profit entity, and a statement of the provider's tax-exempt status, if any;
(a)the location and a description of the proposed or existing physical property of the facility; and
(b)if the physical property is proposed:
(i)the property's estimated completion date;
(ii)whether construction has begun; and
(iii)conditions known to the provider under which the property's construction could be deferred;
(5)if the provider intends to contract with a person other than an employee of the provider to manage the operations of the facility:
(a)a description of the person's experience in the operation or management of a continuing care or similar facility;
(b)a description of any entity that controls or is controlled by the person that proposes to provide goods, leases, or services to residents of the facility, of an aggregate value of $500 or greater in a year;
(c)a description of any goods, leases, or services described in Subsection (5)(b) , and a statement of the probable or anticipated cost to the facility, provider, or residents for the goods, leases, or services, or a statement that the provider is unable to estimate the cost; and
(d)a description of any matter in which the person:
(i)has been convicted of a felony;
(ii)is subject to a restrictive court order; or
(iii)has had a state or federal license revoked as a result of a matter related to a continuing care facility or a related health care field; and
(a)any religious, charitable, or nonprofit organization affiliated with the provider;
(b)the extent of the affiliation and the extent to which the organization is responsible for contractual or financial obligations of the provider; and
(c)the organization's tax-exempt status, if any.
Enacted by Chapter 270 , 2016 General Session