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

Utah Statutes

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

Utah § 31A-44-602

Title 31AInsurance Code

Ch. 31A-44Continuing Care Provider Act

Part 31A-44-6Enforcement

This text of Utah § 31A-44-602 (Enforcement by department -- Rulemaking. ) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 31A-44-602 (2026).

Text

(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 da

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(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.