Utah Code 31A-44-305. Disclosure statement — Contents — Contract
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A provider disclosure statement shall include a description of the following provisions contained in the provider’s continuing care contract:
(1) a description of the services provided under the provider’s proposed continuing care contract, including a description of:
Terms Used In Utah Code 31A-44-305
- 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
- Individual: means a natural person. See Utah Code 31A-1-301
- 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
- Policy: includes a service contract issued by:(150)(b)(i) a motor club under Chapter 11, Motor Clubs;(150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and(150)(b)(iii) a corporation licensed under:(150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or(150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. 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
- 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
(1)(a) the extent to which the provider will offer or provide medical care to a resident; and(1)(b) the services the provider includes under the contract, and the services the provider offers at an extra charge;(2) the fees the provider requires a resident to pay, including any entrance fees or periodic charges;(3) a description of the conditions, in the provider’s continuing care contract, under which:(3)(a) a provider or a resident may cancel the continuing care contract;(3)(b) a provider will refund all or part of an entrance fee; or(3)(c) a provider may adjust a fee the provider charges a resident and any limitations on those adjustments;(4) any health or financial criteria that a resident is required to meet under the continuing care contract for acceptance to the facility or for the resident to continue living in the facility, including the effect of any change in the health or financial condition of an individual between the date of the continuing care contract and the date on which the individual initially occupies a living unit;(5) the provider’s policy for the spouse of a resident, regarding:(5)(a) the conditions under which the spouse is allowed to live in the resident’s unit; and(5)(b) the financial or other consequences to the resident if the spouse does not meet the requirements for admission;(6) the provider’s policy regarding changes in the number of people residing in a living unit because of marriage or other relationships;(7) the conditions under which a living unit occupied by a resident may be made available by the provider to a different resident other than on the death of the previous resident; and(8) the number of continuing care contracts terminated, other than by the resident’s death, at the provider’s facility in the state during the three most recent calendar years. - Provider: means :