Utah Code 31A-44-502. Relief available
Current as of: 2024 | Check for updates
|
Other versions
(1) In a judicial proceeding, including under Sections 31A-44-501 and 31A-44-501.1, a court may:
Terms Used In Utah Code 31A-44-502
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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- Proceeding: includes an action or special statutory proceeding. 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- Sell: means to exchange a contract of insurance:
(179)(a) by any means;(179)(b) for money or its equivalent; and(179)(c) on behalf of an insurance company. See Utah Code 31A-1-301(1)(a) direct a receiver to take possession of the provider‘s property in order to conduct the provider’s business, including employing any manager or agent that the receiver considers necessary; and(1)(b) direct a receiver to eliminate the causes and conditions that made receivership necessary, which action may include:(1)(b)(i) selling the facility;(1)(b)(ii) requiring a purchaser of the facility to honor any continuing care contract for the facility; and(1)(b)(iii) collecting and liquidating all or a portion of the provider’s assets within the court’s jurisdiction.(2)(2)(a) For a facility subject to a ground lease, a court may, in addition to the actions described in Subsection (1), direct a receiver to purchase from the ground lessor, or assign to another person that agrees to operate the facility, for market value, the ground lessor’s interest in the land and the infrastructure improvements to the land on which the facility is located.(2)(b) A court may direct a receiver to purchase from a ground lessor the land and infrastructure improvements to the land on which a facility is located, regardless of the terms of the ground lease agreement.(2)(c) If a court directs a receiver to purchase or assign the land and infrastructure improvements to the land under Subsection (2)(a), the ground lessor shall sell or assign the land and infrastructure improvements to the land in compliance with the court order.(2)(d) In determining market value under Subsection (2)(a), the commissioner shall:(2)(d)(i) value the land and infrastructure improvements to the land on which the facility is located as though the land and infrastructure improvements to the land were not subject to the ground lease; and(2)(d)(ii) disregard the monetized value of an existing ground lease.(3) A provider that is subject to a liquidation order may not enter into a new continuing care contract.(4) Solely for the purpose of enforcing this section, a court has personal jurisdiction in a proceeding under this section over:(4)(a) the owner of a facility; and(4)(b) the owner of the land and infrastructure improvements to the land on which a facility is located.(5) If the commissioner is appointed as receiver, the commissioner may hire or retain a deputy receiver to perform any duties of receivership.