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Utah Code Title 31A. Insurance Code § 31A-44-602. Enforcement by department--Rulemaking

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:

(a) receive and act on a complaint from a resident about a provider or a facility;

(b) take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident;

(c) commence administrative or judicial proceedings on the commission's own in order to enforce compliance by a provider with this chapter for the benefit of a resident;

(d) after a complaint by a resident about a provider for a facility subject to a ground lease, require the provider to pay rent in accordance with the ground lease; or

(e) take action against a provider who fails to:

(i) respond to the department, in writing, before 30 business days after the day on which the provider receives notice from the department of a complaint filed with the department; or

(ii) submit information requested by the department.

(2) The department may:

(a) counsel an individual on the individual's rights or duties under this chapter;

(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(i) restrict or prohibit practices by the provider that are misleading, unfair, or abusive;

(ii) promote or assure fair and full disclosure of the terms and conditions of continuing care contracts, agreements, and communications between a resident and a provider;

(iii) promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and

(iv) clearly disclose any financial risks related to a provider's facility to the facility's residents;

(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter;

(d) appoint a receiver for a provider; and

(e) upon request by a provider, subordinate a lien imposed under Section 31A-44-601 for the purpose of the provider obtaining secondary financing or refinancing of a facility if:

(i) the facility is financially sound; and

(ii) subordinating the lien does not adversely affect the residents of the facility.

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Cite this article: FindLaw.com - Utah Code Title 31A. Insurance Code § 31A-44-602. Enforcement by department--Rulemaking - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-31a-insurance-code/ut-code-sect-31a-44-602/

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