31A-44-602. Enforcement by department -- Rulemaking.

357 words·~2 min read·/ut/title-31a/chapter-44/31a-44-602

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

Effective 7/17/2016

(1)Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act , the department may:

(a)receive and act on a complaint from a resident about a provider or a facility;

(b)take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident;

(c)commence administrative or judicial proceedings on the commission's own in order to enforce compliance by a provider with this chapter for the benefit of a resident;

(d)after a complaint by a resident about a provider for a facility subject to a ground lease, require the provider to pay rent in accordance with the ground lease; or

(e)take action against a provider who fails to:

(i)respond to the department, in writing, before 30 business days after the day on which the provider receives notice from the department of a complaint filed with the department; or

(ii)submit information requested by the department.

(2)The department may:

(a)counsel an individual on the individual's rights or duties under this chapter;

(b)make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to:

(i)restrict or prohibit practices by the provider that are misleading, unfair, or abusive;

(ii)promote or assure fair and full disclosure of the terms and conditions of continuing care contracts, agreements, and communications between a resident and a provider;

(iii)promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and

(iv)clearly disclose any financial risks related to a provider's facility to the facility's residents;

(c)employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter;

(d)appoint a receiver for a provider; and

(e)upon request by a provider, subordinate a lien imposed under Section 31A-44-601 for the purpose of the provider obtaining secondary financing or refinancing of a facility if:

(i)the facility is financially sound; and

(ii)subordinating the lien does not adversely affect the residents of the facility.

Amended by Chapter 8 , 2016 Special Session 3