Utah Code 31A-44-504. Bond
Current as of: 2024 | Check for updates
|
Other versions
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;
Terms Used In Utah Code 31A-44-504
- Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
- Individual: means a natural person. See Utah Code 31A-1-301
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Provider: means :(9)(a)(i) the owner of a facility;(9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or(9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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.