2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 4. Disclosures › 24-12-4-1. Required Cpap Contract Disclosures

Sec. 1. Each CPAP contract must contain the disclosures specified in this section, which are material terms of the contract. Unless otherwise specified, the disclosures must be in at least a 12 point bold font and be placed clearly and conspicuously within the contract. The following disclosures are required:
(1) On the front page, under appropriate headings, language specifying:
(A) the funded amount, designated by the term "funded amount", to be paid to the consumer claimant by the CPAP provider;
(B) an itemization of one (1) time charges;
(C) the total amount to be assigned by the consumer claimant to the CPAP provider, including the funded amount and all charges; and
(D) a payment schedule including the funded amount and all charges, listing all dates and the amount due at the end of each six (6) month period, from the funding date until the date on which the maximum amount due to the CPAP provider by the consumer claimant occurs.
(2) A notice within the body of the contract stating the following: "Consumer Claimant's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days after the funding date if you either:
(A) return to (insert name of the CPAP provider) the full amount of the disbursed funds by delivering the provider's uncashed check to the provider's office in person; or
(B) mail, by insured, certified, or registered United States mail, to (insert name of the CPAP provider) at the address specified in the contract, a notice of cancellation and include in the mailing a return of the full amount of disbursed funds in the form of the provider's uncashed check or a registered or certified check or money order.".
(3) A notice informing the consumer claimant that the CPAP provider has no role in deciding whether, when, and how much the civil proceeding is settled for. However, the consumer claimant and consumer claimant's attorney must notify the CPAP provider of the outcome of the civil proceeding by settlement or adjudication before the resolution date. The CPAP provider may seek updated information about the status of the civil proceeding but in no event may the provider interfere with the independent professional judgment of the attorney in the handling of the civil proceeding or any settlement.
(4) Within the body of the contract, in all capital letters in at least a 12 point bold font contained within a box the following: "THE FUNDED AMOUNT AND AGREED UPON CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR CIVIL PROCEEDING, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR CIVIL PROCEEDING. YOU WILL NOT OWE (INSERT NAME OF THE CIVIL PROCEEDING ADVANCE PAYMENT PROVIDER) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR CIVIL PROCEEDING, UNLESS YOU HAVE VIOLATED ANY MATERIAL TERM OF THIS CONTRACT OR YOU HAVE COMMITTED FRAUD AGAINST (INSERT NAME OF THE CIVIL PROCEEDING ADVANCE PAYMENT PROVIDER).".
(5) Located immediately above the place on the contract where the consumer claimant's signature is required, in at least a 12 point bold font the following: "Do not sign this contract before you read it completely or if the contract contains any blank spaces. You are entitled to a completely filled in copy of the contract. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances, you may want to consult a tax, public or private benefits planning, or financial professional. You acknowledge that your attorney in the civil proceeding has provided no tax, public or private benefit planning, or financial advice regarding this transaction.".
As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.39.