§ 23-2-4-3 — Registration; application; order

Indiana § 23-2-4-3

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2: SECURITIES AND FRANCHISES
• Ch. 4: Supervision of Continuing Care Contracts

Text

(a) A provider shall register each continuing
care retirement community with the commissioner if:
(1) before opening the continuing care retirement community, the
provider:
(A) enters into;
(B) extends; or
(C) solicits;
a continuing care agreement; or
(2) while operating the continuing care retirement community, the
provider has either:
(A) for a continuing care retirement community registered
before January 2, 2007, continuously maintained since on or
before January 1, 2007, at least one (1) continuing care
agreement with an individual living in the continuing care
community; or
(B) for a continuing care retirement community registered after
January 1, 2007, entered into a continuing care agreement with
at least twenty-five percent (25%) of the individuals living in
the continuing care retirement community.
(b) If a provider fails to register a continuing care retirement
community, the provider may not:
(1) enter into, or extend the term of, a continuing care agreement
to provide continuing care to any person at that continuing care
retirement community;
(2) provide services at that continuing care retirement community
under a continuing care agreement; or
(3) solicit the execution, by persons residing within Indiana, of a
continuing care agreement to provide continuing care at that
continuing care retirement community.
(c) The provider's application for registration must be filed with the
commissioner by the provider on forms prescribed by the
commissioner, and must be accompanied by an application fee of two
hundred fifty dollars ($250). The application must contain the
following information:
(1) an initial disclosure statement, as described in section 4 of this
chapter; and
(2) any other information required by the commissioner under
rules adopted under this chapter.
(d) The commissioner may accept, in lieu of the information
required by subsection (c), any other registration, disclosure statement,
or other document filed by the provider in Indiana, in any other state,
or with the federal government if the commissioner determines that
such document substantially complies with the requirements of this
chapter.
(e) Upon receipt of the application for registration, the
commissioner shall mark the application filed. Within sixty (60) days
of the filing of the application, the commissioner shall enter an order
registering the provider or rejecting the registration. If no order of
rejection is entered within that sixty (60) day period, the provider shall
be considered registered unless the provider has consented in writing
to an extension of time; if no order of rejection is entered within the
time period as extended by consent, the provider shall be considered
registered.
(f) If the commissioner determines that the application for
registration complies with all of the requirements of this chapter, the
commissioner shall enter an order registering the provider. If the
commissioner determines that such requirements have not been met,
the commissioner shall notify the provider of the deficiencies and shall
inform the provider that it has sixty (60) days to correct them. If the
deficiencies are not corrected within sixty (60) days, the commissioner
shall enter an order rejecting the registration. The order rejecting the
registration shall include the findings of fact upon which the order is
based. The provider may petition for reconsideration, and is entitled to
a hearing upon that petition.
As added by Acts 1982, P.L.145, SEC.1. Amended by
P.L.153-2009, SEC.5; P.L.278-2013, SEC.18.