reglab/housing_qa huggingface dataset:
UT Code § 31A-44-502 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 502 - Order to rehabilitate.

 Effective 7/17/2016  31A-44-502. Order to rehabilitate.    (1) A court order to rehabilitate a facility under Section 31A-44-501 may direct a trustee to:   (a) take possession of the provider's property in order to conduct the provider's business, including employing any manager or agent that the trustee considers necessary; and     (b) take action as directed by the court to eliminate the causes and conditions that made rehabilitation necessary, which action may include:   (i) selling the facility through bankruptcy or receivership proceedings; and     (ii) requiring a purchaser of the facility to honor any continuing care contract for the facility.         (2)   (a) For a facility subject to a ground lease, a court may, in addition to the actions described in Subsection (1), direct a trustee to purchase from the ground lessor, or assign to another person that agrees to operate the facility, for market value, the ground lessor's interest in the land and the infrastructure improvements to the land on which the facility is located.     (b) A court may direct a trustee under Subsection (2)(a) to purchase from a ground lessor the land and infrastructure improvements to the land on which a facility is located, regardless of the terms of the ground lease agreement.     (c) If a court directs a trustee to purchase or assign the land and infrastructure improvements to the land under Subsection (2)(a), the ground lessor shall sell or assign the land and infrastructure improvements to the land in compliance with the court order.     (d) The commissioner shall determine market value in accordance with rules made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.      (e) In determining market value under Subsection (2)(d), the commissioner shall:   (i) value the land and infrastructure improvements to the land on which the facility is located as though the land and infrastructure improvements to the land were not subject to the ground lease; and     (ii) disregard the monetized value of an existing ground lease.         (3) Solely for the purpose of enforcing this section, a court has personal jurisdiction in a proceeding under this section over:   (a) the owner of a facility; and     (b) the owner of the land and infrastructure improvements to the land on which a facility is located.      Amended by Chapter 8, 2016 Special Session 3
UT Code § 31A-44-503 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 503 - Order to liquidate.

 Effective 7/17/2016  31A-44-503. Order to liquidate.    (1) If the trustee determines that further efforts to rehabilitate a provider's facility are impractical or useless, the trustee may petition a court for liquidation of the facility.     (2) A court that issues an order to liquidate a facility under Subsection (1) shall appoint a trustee to collect and liquidate all of the provider's assets located in this state.     (3) An individual may not enter into a continuing care contract at a facility after a court enters an order to liquidate the facility.     (4)   (a) For a facility subject to a ground lease, a court may, in an order to liquidate under this section, direct a trustee to purchase from the ground lessor, or assign to another person that agrees to operate the facility, for market value, the ground lessor's interest in the land and the infrastructure improvements to the land on which the facility is located.     (b) A court may direct a trustee under Subsection (4)(a) to purchase from a ground lessor the land and infrastructure improvements to the land on which a facility is located, regardless of the terms of the ground lease agreement.     (c) If a court directs a trustee to purchase or assign land and infrastructure improvements to the land under Subsection (4)(a), the ground lessor shall sell or assign the land and infrastructure improvements to the land in compliance with the court order.     (d) The commissioner shall determine market value in accordance with rules made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     (e) In determining market value under Subsection (4)(d), the commissioner shall:   (i) value the land and infrastructure improvements to the land on which the facility is located as though the land and infrastructure improvements to the land were not subject to the ground lease; and     (ii) disregard the monetized value of an existing ground lease.         (5) Solely for the purpose of enforcing this section, a court has personal jurisdiction in a proceeding under this section over:   (a) the owner of a facility; and     (b) the owner of the land and infrastructure improvements to the land on which a facility is located.       Amended by Chapter 8, 2016 Special Session 3
UT Code § 31A-44-504 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 504 - Bond.

 Effective 5/10/2016  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 obligations under all of the continuing care contracts for the facility;     (2) issued by a recognized surety authorized to do business in the state; and     (3) executed in favor of the state on behalf of any individual entitled to an entrance fee refund or other damages from the provider.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-505 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 505 - Termination of rehabilitation.

 Effective 5/10/2016  31A-44-505. Termination of rehabilitation.    (1) A court may terminate a rehabilitation of a provider's facility and order the return of the facility and the facility's assets to the provider if the court determines:   (a) the objectives of the order to rehabilitate the facility have been accomplished; and     (b) the facility may be returned to the provider without further jeopardy to the facility's residents, creditors, or owners, or the public.       (2) A court may enter an order under this section after the court enters:   (a) a full report and accounting of the conduct of the facility's affairs during the rehabilitation; and     (b) a report on the facility's financial condition.       Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-506 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 506 - Payment of trustee.

 Effective 5/10/2016  31A-44-506. Payment of trustee.   A trustee's reasonable costs, expenses, and fees are payable from a provider's or facility's assets.  Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-602 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 6 - Enforcement|Section 602 - Enforcement by department -- Rulemaking.

 Effective 7/17/2016  31A-44-602. Enforcement by department -- Rulemaking.     (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
UT Code § 31A-44-603 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 6 - Enforcement|Section 603 - Examinations.

 Effective 5/9/2017  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:   (a) shall have full and free access to all the provider's records; and     (b) may summon and qualify as a witness, under oath, and examine, any director, officer, member, agent, or employee of the provider, and any other person, concerning the condition and affairs of the provider or a facility.       (3) Books and records shall be kept for not less than three calendar years in addition to the current calendar year.     (4) The provider shall pay the reasonable costs of an examination under this section.     (5) The department may conduct an on-site examination in conjunction with an examination performed by a representative of an agency of another state.     (6)   (a) The department, in lieu of an on-site examination, may accept the examination report of an agency of another state that has regulatory oversight of the provider, or a report prepared by an independent accounting firm.     (b) A report accepted under Subsection (6)(a) is considered for all purposes an official report of the department.       (7) Upon reasonable cause, the department may conduct an on-site examination of an unlicensed person to determine whether a violation of this chapter has occurred.     Amended by Chapter 168, 2017 General Session
UT Code § 31A-44-604 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 6 - Enforcement|Section 604 - Criminal and civil penalties.

 Effective 5/10/2016  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:   (a) guilty of a class B misdemeanor; and     (b) subject to revocation of the person's registration under this chapter.       (2) Subject to Title 63G, Chapter 4, Administrative Procedures Act, if the department determines that a person is engaging in the business of being a continuing care provider in violation of this chapter, the department may:   (a) suspend, revoke, or refuse to renew the person's registration under this chapter;     (b) issue a cease and desist order from committing any further violation;     (c) prohibit the person from continuing to engage in the business of being a continuing care provider;     (d) impose an administrative fine not greater than $1,000 per violation, except that the aggregate total of fines imposed under this chapter against a person in a calendar year may not exceed $30,000 for that calendar year; or     (e) take any combination of actions listed under this Subsection (2).       (3) If the department revokes a registration, the department is not required to refund any portion of the provider's filing or renewal fee for the remainder of the period for which the fee is paid.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-605 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 6 - Enforcement|Section 605 - Civil liability.

 Effective 7/17/2016  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 statement that misstates or omits a material fact, is liable to the individual for:   (a) actual damages;     (b) repayment of all fees the individual paid to the provider, minus the reasonable value of care and lodging provided to the individual before the violation, misstatement, or omission was discovered or reasonably should have been discovered;     (c) interest at the legal rate for judgments;     (d) court costs; and     (e) reasonable attorney fees.       (2) A provider is liable under this section unless the provider proves by a preponderance of evidence that the provider and the provider's agents and employees did not know and should not have known of the misstatement or omission.     (3) An individual may not maintain an action under this section if:   (a) the individual receives a written offer from the provider for refund of all amounts paid to the provider or the provider's facility plus reasonable interest from the date of payment, minus the reasonable value of care and lodging provided before the receipt of the offer;     (b) the individual receives the offer described in Subsection (3)(a) before a day that is 30 days after the earlier of:   (i) the day on which the individual submits a written request to the provider for repayment under this section; or     (ii) the day on which the individual files an action under this section;       (c) the offer includes a description of the provisions of this section; and     (d) the recipient of the offer fails to accept the offer within 30 days after the date the offer is received.       (4) An individual shall bring an action under this section before the day three years after:   (a) the day on which the individual enters into the continuing care contract; or     (b) the individual discovers, or reasonably should have discovered, the provider's violation, misstatement, or omission.       (5) A person does not have a cause of action under this chapter except as expressly provided by this chapter.     (6) This chapter does not limit the liability that exists under any other statute or common law.     (7) The provisions of this chapter are not exclusive and the remedies provided by this chapter are in addition to any other remedies provided by any other law.     Amended by Chapter 8, 2016 Special Session 3
UT Code § 31A-45-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 1 - General Provisions|Section 101 - Title.

 Effective 1/1/2018  31A-45-101. Title.  This chapter is known as "Managed Care Organizations." Enacted by Chapter 292, 2017 General Session
UT Code § 31A-45-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/14/2019  31A-45-102. Definitions.  As used in this chapter:  (1) "Covered benefit" or "benefit" means the health care services to which a covered person is entitled under the terms of a health care insurance plan offered by a managed care organization.     (2) "Managed care organization" means:   (a) a managed care organization as that term is defined in Section 31A-1-301; and     (b) a third party administrator as that term is defined in Section 31A-1-301.      Amended by Chapter 193, 2019 General Session
UT Code § 31A-45-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 1 - General Provisions|Section 103 - Managed care contract standards.

 Effective 1/1/2018  31A-45-103. Managed care contract standards.  The commissioner shall adopt rules relating to standards for the manner and content of policy provisions, and disclosures to be made in connection with the sale of policies covered by this chapter, dealing with at least the following matters:  (1) terms of renewability;     (2) initial and subsequent conditions of eligibility;     (3) nonduplication of coverage provisions;     (4) coverage of dependents;     (5) termination of insurance;     (6) limitations;     (7) exceptions;     (8) reductions;     (9) definition of terms; and     (10) rating practices.    Enacted by Chapter 292, 2017 General Session
UT Code § 31A-45-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 2 - Applicability to Other Provisions of Law|Section 201 - Applicability to other provisions of law -- Commissioner discretion.

 Effective 1/1/2018  31A-45-201. Applicability to other provisions of law -- Commissioner discretion.    (1) Except for exemptions specifically granted under this title, a managed care organization is subject to regulation under all of the provisions of this title.     (2) The commissioner may by rule waive other specific provisions of this title that the commissioner considers inapplicable to managed care organizations, upon a finding that the waiver will not endanger the interests of:   (a) enrollees;     (b) investors;     (c) the public; or     (d) health care providers.      Enacted by Chapter 292, 2017 General Session
UT Code § 31A-45-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 3 - Relationships with Providers|Section 302 - Provider payment information -- Notice of admissions.

 Effective 1/1/2018  31A-45-302. Provider payment information -- Notice of admissions.    (1)   (a) A managed care organization shall provide the managed care organization's network providers access to current information necessary for the network provider to determine:   (i) the effect of procedure codes on payment or compensation before a claim is submitted for a procedure;     (ii) the plans and carrier networks that the network provider is subject to as part of the contract with the managed care organization; and     (iii) in accordance with Subsection 31A-26-301.6(10)(f), the specific rate and terms under which the network provider will be paid for health care services.       (b) The information required by Subsection (1)(a) may be provided through a website, and if requested by the network provider, notice of the updated website shall be provided by the managed care organization.       (2)   (a) A managed care organization may not require a health care provider by contract, reimbursement procedure, or otherwise to notify the managed care organization of a hospital inpatient emergency admission within a period of time that is less than one business day of the hospital inpatient admission, if compliance with the notification requirement would result in notification by the health care provider on a weekend or federal holiday.     (b) Subsection (2)(a) does not prohibit the applicability or administration of other contract provisions between a managed care organization and a network provider that require preauthorization for scheduled inpatient admissions.      Enacted by Chapter 292, 2017 General Session
UT Code § 31A-45-305 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 3 - Relationships with Providers|Section 305 - Prohibition on certain age-based physician testing.

 Effective 5/14/2019  31A-45-305. Prohibition on certain age-based physician testing.  A managed care organization or other third party may not require for purposes of reimbursement that a physician, as defined in Section 58-67-102, take a cognitive test when the physician reaches a specified age, unless the test reflects the standards described in Subsections 58-67-302(5)(b)(i) through (x).  Amended by Chapter 445, 2019 General Session
UT Code § 31A-45-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 45 - Managed Care Organizations|Part 4 - Access to Services for Managed Care Enrollees|Section 401 - Court ordered coverage for minor children who reside outside the service area.

 Effective 5/14/2019  31A-45-401. Court ordered coverage for minor children who reside outside the service area.    (1)   (a) The requirements of Subsection (2) apply to a managed care organization if the managed care organization:   (i) restricts coverage for nonemergency services to services provided by contracted providers within the organization's service area; and     (ii) does not offer a benefit that permits members the option of obtaining covered services from a non-network provider.       (b) The requirements of Subsection (2) do not apply to a managed care organization if:   (i) the child is no longer the subject of a court or administrative support order; or     (ii) a parent's employer offers the parent a choice to select health insurance coverage that is not a managed care organization plan either at the time of the court or administrative support order, or at a subsequent open enrollment period. This exemption from Subsection (2) applies even if the parent ultimately chooses the managed care organization plan.         (2) If a parent is required by a court or administrative support order to provide health insurance coverage for a child who resides outside of a managed care organization's service area, the managed care organization shall:   (a) comply with the provisions of Section 31A-22-610.5;     (b) allow the enrollee parent to enroll the child on the organization plan;     (c) pay for otherwise covered health care services rendered to the child outside of the service area by a non-network provider:   (i) if the child, noncustodial parent, or custodial parent has complied with prior authorization or utilization review otherwise required by the organization; and     (ii) in an amount equal to the dollar amount the organization pays under a noncapitated arrangement for comparable services to a network provider in the same class of health care providers as the provider who rendered the services; and       (d) make payments on claims submitted in accordance with Subsection (2)(c) directly to the provider, custodial parent, the child who obtained benefits, or state Medicaid agency.       (3)   (a) The parents of the child who is the subject of the court or administrative support order are responsible for any charges billed by the provider in excess of those paid by the organization.     (b) This section does not affect any court or administrative order regarding the responsibilities between the parents to pay any medical expenses not covered by accident and health insurance or a managed care organization plan.       (4) The commissioner shall adopt rules as necessary to administer this section and Section 31A-22-610.5.    Amended by Chapter 193, 2019 General Session