Utah Code 31A-44-313. Cancellation of contract — Death or incapacity before occupancy
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(1) A continuing care contract to provide continuing care in a living unit in a facility is cancelled if the resident:
Terms Used In Utah Code 31A-44-313
- 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
- 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
- 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
- Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
(1)(a) dies before occupying a living unit in the facility; or(1)(b) is precluded under the terms of the contract from occupying a living unit in the facility because of illness, injury, or incapacity.
(2) If a continuing care contract is cancelled under this section, the resident or the resident’s legal representative is entitled to a refund of all money or property transferred to the provider, minus:
(2)(a) any nonstandard costs specifically incurred by the provider or facility at the request of the resident that are described in the contract or in an addendum to the contract signed by the resident; and
(2)(b) a reasonable service charge, if set out in the contract, that may not exceed the greater of:
(2)(b)(i) $1,000; or
(2)(b)(ii) 2% of the entrance fee.