§ 17b-529 — (Formerly Sec. 17a-369). Liability for violation, misstatement or omission.

Connecticut § 17b-529

• Jurisdiction: Connecticut
• Title 17b: Social Services
• Ch. 319hh: Management of Continuing Care Facilities

Text

(a) Any person who as, or on behalf of, a provider, enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of section 17b-522 to the person contracting for the continuing care, or enters into a contract for continuing care at a facility with a person who has relied on a disclosure statement that omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, is liable to the person contracting for the continuing care for damages and repayment of all fees paid to the provider, facility or person, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care was entered into prior to discovery of the violation, misstatement or omission or to the time the violation, misstatement or omission should reasonably have been discovered, together with interest thereon at the legal rate for judgments, and court costs and reasonable attorneys fees. An action to enforce liability pursuant to this section shall not be maintained unless brought within six years after the execution of the contract for continuing care giving rise to the liability. (b) Liability under this section for any violation, misstatement or omission exists only if the provider or person liable knew or should have known of the violation, misstatement or omission. (c) Nothing contained in sections 17b-520 to 17b-535 , inclusive, shall be construed to limit the remedies a person has under any other provision of law.

Legislative History

(P.A. 86-252, S. 10, 17; P.A. 03-19, S. 47; P.A. 15-115, S. 12.) History: Sec. 17-544 transferred to Sec. 17a-369 in 1991; Sec. 17a-369 transferred to Sec. 17b-529 in 1995; P.A. 03-19 made a technical change in Subsec. (b), effective May 12, 2003; P.A. 15-115 amended Subsec. (c) to add reference to Secs. 17b-523a to 17b-523c.