reglab/housing_qa huggingface dataset:
UT Code § 31A-44-305 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 305 - Disclosure statement -- Contents -- Contract.

 Effective 5/10/2016  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 continuing care contract, including a description of:   (a) the extent to which the provider will offer or provide medical care to a resident; and     (b) the services the provider includes under the contract, and the services the provider offers at an extra charge;       (2) the fees the provider requires a resident to pay, including any entrance fees or periodic charges;     (3) a description of the conditions, in the provider's continuing care contract, under which:   (a) a provider or a resident may cancel the continuing care contract;     (b) a provider will refund all or part of an entrance fee; or     (c) a provider may adjust a fee the provider charges a resident and any limitations on those adjustments;       (4) any health or financial criteria that a resident is required to meet under the continuing care contract for acceptance to the facility or for the resident to continue living in the facility, including the effect of any change in the health or financial condition of an individual between the date of the continuing care contract and the date on which the individual initially occupies a living unit;     (5) the provider's policy for the spouse of a resident, regarding:   (a) the conditions under which the spouse is allowed to live in the resident's unit; and     (b) the financial or other consequences to the resident if the spouse does not meet the requirements for admission;       (6) the provider's policy regarding changes in the number of people residing in a living unit because of marriage or other relationships;     (7) the conditions under which a living unit occupied by a resident may be made available by the provider to a different resident other than on the death of the previous resident; and     (8) the number of continuing care contracts terminated, other than by the resident's death, at the provider's facility in the state during the three most recent calendar years.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-306 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 306 - Disclosure statement -- Contents -- Health care information.

 Effective 5/10/2016  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 description of medical services provided at the facility in addition to assisted living services and nursing care services;     (3) a statement as to whether the facility accepts Medicare and Medicaid reimbursements; and     (4) notice of the online federal nursing care facility database and the online federal nursing care facility database's Internet address.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-307 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 307 - Disclosure statement -- Contents -- Financial information.

 Effective 5/10/2016  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 under a continuing care contract, including:   (a) the establishment of an escrow account, trust, or reserve fund, and the manner in which the provider will invest the account, trust, or reserve funds; and     (b) the name and experience of an individual in the provider's direct employment who will make the investment decisions;       (2) contain a provider financial statement, prepared in accordance with generally accepted accounting principles, and audited by an independent certified public account, that includes:   (a) a balance sheet as of the end of the most recent fiscal year;     (b) an income statement for each of the three most recent fiscal years; and     (c) a cash flow statement for each of the three most recent fiscal years.      Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-308 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 308 - Anticipated source and application of funds.

 Effective 5/10/2016  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 facility, including:  (1) an estimate of the cost of purchasing or constructing and of equipping the facility, including financing expenses, legal expenses, land costs, occupancy development costs, and any other costs that the provider expects to incur or to become obligated to pay before the facility begins operating;     (2) a description of any mortgage loan or other long-term financing arrangement for the facility, including the anticipated terms and costs of the financing;     (3) an estimate of the total entrance fees to be received from, or on behalf of, residents before the facility begins operation; and     (4) an estimate of any funds the provider anticipates are necessary to cover the facility's initial losses.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-309 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 309 - Standard contract form.

 Effective 5/10/2016  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 Sections 31A-44-312 and 31A-44-313.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-310 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 310 - Annual disclosure statement revision.

 Effective 5/10/2016  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's fiscal year, the information required by this part.     (3) The revised disclosure statement shall describe any material differences between:   (a) the estimated income statements filed under Section 31A-44-307 as a part of the disclosure statement the provider filed after the start of the provider's most recently completed fiscal year; and     (b) the actual result of operations during that fiscal year with the revised estimated income statements filed as a part of the revised disclosure statement.       (4) A provider may revise the provider's disclosure statement and may file a revised disclosure statement at any time if, in the provider's opinion, a revision is necessary to prevent a disclosure statement from containing a material misstatement of fact or omitting a material fact required by this part.     (5) The department:   (a) shall review the disclosure statement for completeness; and     (b) is not required to review the disclosure statement for accuracy.       Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-311 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 311 - Advertisement in conflict with disclosures.

 Effective 5/10/2016  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.  Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-312 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 312 - Rescission of contract -- Required language.

 Effective 5/10/2016  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:   (a) midnight on the day seven days after the day on which the individual executes the continuing care contract; or     (b) a time specified in the continuing care contract that is:   (i) after the day on which the continuing care contract is executed; or     (ii) after the day on which the individual receives a disclosure statement that meets the requirements of this part.         (2) A provider may not require an individual who executes a continuing care contract with the provider to move into a facility before the end of the rescission period described in Subsection (1).     (3) If an individual rescinds a continuing care contract under this section, the provider shall refund any money or property that the individual transferred to the provider, other than periodic charges specified in the contract and applicable only to the period the individual occupied a living unit, before 30 days after the day on which the individual rescinds the contract.     (4) A continuing care contract shall include the following statement, or a substantially equivalent statement, in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous: "You may cancel this contract at any time before midnight on the day seven days after the day on which you sign the contract, or before a later day if specified in the contract that is after the later of the day on which you sign the contract or you receive the facility's disclosure statement. If you elect to cancel the contract, you are required to cancel the contract in writing, and you are entitled to receive a refund of all assets transferred other than periodic charges applicable to the time you occupied your living unit."     (5) In addition to Subsection (4), a continuing care contract shall include the following statement in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous: "This document, if executed, constitutes a legal and binding contract between you and __________ (Legal name of the continuing care provider). You may wish to consult a legal or financial advisor before signing, although it is not required that you do so to make this contract binding."     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-313 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 313 - Cancellation of contract -- Death or incapacity before occupancy.

 Effective 5/10/2016  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:   (a) dies before occupying a living unit in the facility; or     (b) is precluded under the terms of the contract from occupying a living unit in the facility because of illness, injury, or incapacity.       (2) If a continuing care contract is cancelled under this section, the resident or the resident's legal representative is entitled to a refund of all money or property transferred to the provider, minus:   (a) any nonstandard costs specifically incurred by the provider or facility at the request of the resident that are described in the contract or in an addendum to the contract signed by the resident; and     (b) a reasonable service charge, if set out in the contract, that may not exceed the greater of:   (i) $1,000; or     (ii) 2% of the entrance fee.         Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-314 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 3 - Provider Disclosure|Section 314 - Disclosure statement fees.

 Effective 5/10/2016  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 63J-1-504.  Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 4 - Operations|Section 401 - Continuing care contract requirements -- No waiver.

 Effective 7/17/2016  31A-44-401. Continuing care contract requirements -- No waiver.    (1) A continuing care contract shall:   (a) 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:   (i) if the departing resident ceased occupancy of the departing resident's unit before any other departing resident who has not received an entrance fee refund, 30 days after the day on which the provider accumulates an amount of money, from sales of living units previously occupied by departing residents, that is equal to the departing resident's entrance fee refund; or     (ii) one year after the day on which the departing resident ceases to occupy the departing resident's living unit, unless the provider proves that the provider has made and is making a good faith effort to find an occupant for a living unit that was previously occupied by a departing resident;       (b) provide that the resident may terminate the continuing care contract upon giving notice of termination:   (i) with or without cause; and     (ii) clearly stating what portion of the entrance fee the provider will refund and the date by which the provider will make the refund; and       (c) provide that a continuing care contract is terminated by the resident's death and clearly state:   (i) what portion of the entrance fee the provider will refund in the event of the resident's death;     (ii) the date before which the provider will make the refund; and     (iii) to whom the provider will make the refund.         (2) A continuing care contract may permit involuntary dismissal of a resident from a continuing care facility upon a reasonable determination by the provider that the resident's health and well-being require termination of the continuing care contract.     (3) If a resident is dismissed under Subsection (2) and is in a condition of financial hardship, as defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the provider shall refund the resident's entrance fee:   (a) in an amount provided in the continuing care contract; and     (b) before the earlier of:   (i) a time provided in the continuing care contract; and     (ii) 60 days after the day on which the provider dismisses the resident from the facility.         (4) A resident may not waive a provision of this chapter by agreement.     Amended by Chapter 8, 2016 Special Session 3
UT Code § 31A-44-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 4 - Operations|Section 402 - Actuarial reserve -- Department may require.

 Effective 5/10/2016  31A-44-402. Actuarial reserve -- Department may require.    (1) The department may require a provider that the department determines has actuarial liability under Section 31A-44-204 to create an additional reserve fund to offset the actuarial liability.     (2) The department may require the additional reserve fund described in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 4 - Operations|Section 403 - Resident advisory committee.

 Effective 5/10/2016  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 committee shall:   (a) consist of no fewer than the lesser of five residents or all residents;     (b) meet no less than once per month; and     (c) discuss resident concerns and communications relevant to the provider or the facility.       (3) A provider shall:   (a) meet with the resident advisory committee no fewer than three times per year; and     (b) distribute a provider disclosure statement to the resident advisory committee each time the provider is required to renew the provider disclosure statement under Section 31A-44-301.       Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-404 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 4 - Operations|Section 404 - Nondisturbance of residents.

 Effective 7/17/2016  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 continuing care contract.     (2) If the person to whom a resident owes performance under the continuing care contract is contested, and a court has not issued a temporary or permanent order resolving the contest:   (a) the department may appoint a temporary receiver to receive the performance of the resident; and     (b) a court may appoint a receiver upon petition by the department.       (3)   (a) Except as provided in Subsection (3)(b), a person other than a resident that holds a present right to possess a facility, including a ground lessor but only after the ground lessor acquires a provider's possessory interest by termination of a ground lease or otherwise, is bound by every continuing care contract related to the facility, including a continuing care contract that provides for the return of part or all of a resident's entrance fee.     (b) If a ground lessor acquires a provider's possessory interest by termination of a ground lease or otherwise, the ground lessor's obligation under the continuing care contracts is limited to the monetary obligations of the provider to which the ground lessor succeeds.       (4)   (a) The commissioner holds a covenant that:   (i) runs with the land on which a facility is located; and     (ii) except as provided in Subsection (4)(b), binds a person with a present right to possess the land on which the facility is located, including a ground lessor but only after the ground lessor acquires a provider's possessory interest by termination of a ground lease or otherwise, to every continuing care contract related to the facility, including a continuing care contract that provides for the return of all or part of a resident's entrance fee.       (b) If a ground lessor acquires a provider's possessory interest by termination of a ground lease or otherwise, the ground lessor's obligation under the continuing care contracts under the covenant described in Subsection (4)(a) is limited to the monetary obligations of the provider to which the ground lessor succeeds.     (c) A person may not sell the land on which the facility is located free and clear of the interest described in Subsection (4)(a).       (5) A person may not sell or transfer the land on which a facility subject to a ground lease is located free and clear of the provider's possessory interest in the ground lease.    Amended by Chapter 8, 2016 Special Session 3
UT Code § 31A-44-405 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 4 - Operations|Section 405 - Continuing care facilities not exempt from property tax.

 Effective 5/10/2016  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 Title 59, Chapter 2, Property Tax Act.  Enacted by Chapter 270, 2016 General Session
UT Code § 31A-44-501 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 44 - Continuing Care Provider Act|Part 5 - Rehabilitation and Liquidation|Section 501 - Application for court order for rehabilitation or liquidation.

 Effective 5/10/2016  31A-44-501. Application for court order for rehabilitation or liquidation.    (1) The department may request that the attorney general petition a district court in the state, or a federal bankruptcy court that has exercised jurisdiction over a provider's facility, for an order that appoints a trustee to rehabilitate or liquidate the facility if:   (a) the department determines that:   (i) the provider is financially unsound or is unable to meet the income or available cash projections described in the provider's disclosure statement; and     (ii) the provider's ability to fully perform the provider's obligations under a continuing care contract is endangered; or       (b) the provider is bankrupt, insolvent, or has filed for protection from creditors under a federal or state reorganization, bankruptcy, or insolvency law.       (2) A court that evaluates a petition filed under Subsection (1) regarding a provider:   (a) shall evaluate the best interests of a person that has contracted with the provider; and     (b) may require the proceeds of a lien imposed under Section 31A-44-601 to be used to pay an entrance fee to another facility on behalf of a resident of the provider's facility.       Enacted by Chapter 270, 2016 General Session