§ 31A-44-602 — Enforcement by department -- Rulemaking.

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

(1)(a) receive and act on a complaint from a resident about a provider or a facility;
(1)(b) take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident;
(1)(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;
(1)(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
(1)(e) take action against a provider who fails to:
(1)(e)(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
(1)(e)(ii) submit information requested by the department.
(2) The department may:

(2)(a) counsel an individual on the individual's rights or duties under this chapter;
(2)(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(2)(b)(i) restrict or prohibit practices by the provider that are misleading, unfair, or abusive;
(2)(b)(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;
(2)(b)(iii) promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and
(2)(b)(iv) clearly disclose any financial risks related to a provider's facility to the facility's residents;
(2)(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter;
(2)(d) appoint a receiver for a provider; and
(2)(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:
(2)(e)(i) the facility is financially sound; and
(2)(e)(ii) subordinating the lien does not adversely affect the residents of the facility.

Legislative History

Amended by Chapter 8, 2016 Special Session 3