(1) The regulation of providers under this chapter does not limit or replace regulation by any other governmental entity of continuing care facilities or providers.

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Terms Used In Utah Code 31A-44-104

  • 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
  • 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
(2) The department may not regulate, or in any manner inquire into, the quality of care provided in a facility.
(3) A record that the department receives from a provider that is not required to be part of a disclosure statement under this chapter is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.
(4) The department shall determine the amount of any fee required under this chapter, in accordance with Section 63J-1-504, and in an amount that covers the department’s cost to administer this chapter.
(5) A provider that begins marketing a continuing care facility project on or before May 10, 2016, is not required to comply with this chapter until May 10, 2017.