Terms Used In Utah Code 31A-44-102

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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
• Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
• 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
• Ground lessor: means , for a facility subject to a ground lease, the owner and lessor of the land and infrastructure improvements to the land on which the facility is located. See Utah Code 31A-44-102
• Individual: means a natural person. See Utah Code 31A-1-301
• Insolvent: means :
       (7)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;
       (7)(b) being unable to pay debts as they become due; or
       (7)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 31A-44-102
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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}
• Living unit: means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified individuals. See Utah Code 31A-44-102
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Reservation agreement: means an agreement that requires the payment of a deposit to reserve a living unit for a prospective 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