Sec. 7. (a) An operator shall file a disclosure document for each housing with services establishment with the director. If an operator fails to file a disclosure document, the operator may not:

(1) enter into or extend the term of a contract with an individual to reside in a housing with services establishment; or

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Terms Used In Indiana Code 12-10-15-7

  • Contract: A legal written agreement that becomes binding when signed.
  • housing with services establishment: means an establishment providing sleeping accommodations to at least five (5) residents and offering or providing for a fee:

    Indiana Code 12-10-15-3

  • operator: means a person that operates a housing with services establishment. See Indiana Code 12-10-15-4
  • resident: means an individual who has a contract to reside in a housing with services establishment. See Indiana Code 12-10-15-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) use the term “assisted living” to describe the housing with services establishment’s services and operations to the public.

     (b) The operator’s disclosure document must be filed with the director on forms prescribed by the director and must be verified by the operator. The disclosure document must contain the following information:

(1) An initial disclosure statement, as described in section 11 of this chapter.

(2) The contract to be executed between the housing with services establishment and the resident.

(3) Any other information required by the director under this chapter.

     (c) An operator of a housing with services establishment that has filed a disclosure document as provided in this section shall notify the director within thirty (30) days after a change in the:

(1) business name or address of the establishment;

(2) name or mailing address of the owner or owners; or

(3) name or mailing address of the managing agent.

The director may not charge a fee for submission of the notice.

     (d) An operator of a new housing with services establishment must file a disclosure document within sixty (60) days of the first occurrence of the following:

(1) The first contract with a resident is signed.

(2) The first resident moves into the housing with services establishment.

     (e) Upon receipt of a disclosure document, the director shall mark the disclosure document to indicate that the document has been filed.

As added by P.L.73-1998, SEC.7.