Utah Code 31A-44-605. Civil liability
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(1) A provider who enters into a continuing care contract with an individual without complying with the disclosure statement requirement described in this chapter, or who makes a continuing care contract with an individual who relies on a disclosure statement that misstates or omits a material fact, is liable to the individual for:
Terms Used In Utah Code 31A-44-605
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- 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- Rate: means :
(163)(a)(i) the cost of a given unit of insurance; or(163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:(163)(a)(ii)(A) a single number; or(163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:(163)(a)(ii)(B)(I) expenses;(163)(a)(ii)(B)(II) profit; and(163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301- Statute: A law passed by a legislature.
(1)(a) actual damages;(1)(b) repayment of all fees the individual paid to the provider, minus the reasonable value of care and lodging provided to the individual before the violation, misstatement, or omission was discovered or reasonably should have been discovered;(1)(c) interest at the legal rate for judgments;(1)(d) court costs; and(1)(e) reasonable attorney fees.(2) A provider is liable under this section unless the provider proves by a preponderance of evidence that the provider and the provider’s agents and employees did not know and should not have known of the misstatement or omission.(3) An individual may not maintain an action under this section if:(3)(a) the individual receives a written offer from the provider for refund of all amounts paid to the provider or the provider’s facility plus reasonable interest from the date of payment, minus the reasonable value of care and lodging provided before the receipt of the offer;(3)(b) the individual receives the offer described in Subsection (3)(a) before a day that is 30 days after the earlier of:(3)(b)(i) the day on which the individual submits a written request to the provider for repayment under this section; or(3)(b)(ii) the day on which the individual files an action under this section;(3)(c) the offer includes a description of the provisions of this section; and(3)(d) the recipient of the offer fails to accept the offer within 30 days after the date the offer is received.(4) An individual shall bring an action under this section before the day three years after:(4)(a) the day on which the individual enters into the continuing care contract; or(4)(b) the individual discovers, or reasonably should have discovered, the provider’s violation, misstatement, or omission.(5) A person does not have a cause of action under this chapter except as expressly provided by this chapter.(6) This chapter does not limit the liability that exists under any other statute or common law.(7) The provisions of this chapter are not exclusive and the remedies provided by this chapter are in addition to any other remedies provided by any other law. - Provider: means :