Utah Code 31A-44-602. Enforcement by department — Rulemaking
Current as of: 2024 | Check for updates
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(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:
Terms Used In Utah Code 31A-44-602
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
- Filed: means that a filing is:(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section
31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
- Individual: means a natural person. See Utah Code 31A-1-301
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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- Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) receive and act on a complaint from a resident about a provider or a facility;(1)(b) take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident;(1)(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;(1)(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(1)(e) take action against a provider who fails to:(1)(e)(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(1)(e)(ii) submit information requested by the department.(2) The department may:(2)(a) counsel an individual on the individual’s rights or duties under this chapter;(2)(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:(2)(b)(i) restrict or prohibit practices by the provider that are misleading, unfair, or abusive;(2)(b)(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;(2)(b)(iii) promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and(2)(b)(iv) clearly disclose any financial risks related to a provider’s facility to the facility’s residents;(2)(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department’s duties under this chapter;(2)(d) appoint a receiver for a provider; and(2)(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:(2)(e)(i) the facility is financially sound; and(2)(e)(ii) subordinating the lien does not adversely affect the residents of the facility.