Utah Code 31A-44-304. Disclosure statement — Contents — Provider characteristics
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A provider disclosure statement shall contain:
(1) the name and business address of each provider officer, director, trustee, and managing or general partner of the provider;
Terms Used In Utah Code 31A-44-304
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Employee: means :(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). 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
- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(83)(a) a professional service;(83)(b) a personal service;(83)(c) a facility;(83)(d) equipment;(83)(e) a device;(83)(f) supplies; or(83)(g) medicine. See Utah Code 31A-1-301- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Order: means an order of the commissioner. See Utah Code 31A-1-301
- 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- 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) the name and business address of each person who has at least a 10% interest in the provider and a description of the person’s interest in or occupation with the provider;(3) a statement of whether the continuing care provider is a for-profit or not-for-profit entity, and a statement of the provider’s tax-exempt status, if any;(4)(4)(a) the location and a description of the proposed or existing physical property of the facility; and(4)(b) if the physical property is proposed:(4)(b)(i) the property’s estimated completion date;(4)(b)(ii) whether construction has begun; and(4)(b)(iii) conditions known to the provider under which the property’s construction could be deferred;(5) if the provider intends to contract with a person other than an employee of the provider to manage the operations of the facility:(5)(a) a description of the person’s experience in the operation or management of a continuing care or similar facility;(5)(b) a description of any entity that controls or is controlled by the person that proposes to provide goods, leases, or services to residents of the facility, of an aggregate value of $500 or greater in a year;(5)(c) a description of any goods, leases, or services described in Subsection (5)(b), and a statement of the probable or anticipated cost to the facility, provider, or residents for the goods, leases, or services, or a statement that the provider is unable to estimate the cost; and(5)(d) a description of any matter in which the person:(5)(d)(i) has been convicted of a felony;(5)(d)(ii) is subject to a restrictive court order; or(5)(d)(iii) has had a state or federal license revoked as a result of a matter related to a continuing care facility or a related health care field; and(6)(6)(a) any religious, charitable, or nonprofit organization affiliated with the provider;(6)(b) the extent of the affiliation and the extent to which the organization is responsible for contractual or financial obligations of the provider; and(6)(c) the organization’s tax-exempt status, if any.