{"data":{"id":"us-ut/utah-code-31a-44-602","jurisdiction":"us-ut","citation":"Utah Code § 31A-44-602","heading":"Enforcement by department -- Rulemaking.","body":"(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:\n(a) receive and act on a complaint from a resident about a provider or a facility;\n(b) take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident;\n(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;\n(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\n(e) take action against a provider who fails to:\n(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\n(ii) submit information requested by the department.\n(2) The department may:\n(a) counsel an individual on the individual's rights or duties under this chapter;\n(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:\n(i) restrict or prohibit practices by the provider that are misleading, unfair, or abusive;\n(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;\n(iii) promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and\n(iv) clearly disclose any financial risks related to a provider's facility to the facility's residents;\n(c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter;\n(d) appoint a receiver for a provider; and\n(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:\n(i) the facility is financially sound; and\n(ii) subordinating the lien does not adversely affect the residents of the facility.","path":["Title 31A Insurance Code","Chapter 31A-44 Continuing Care Provider Act","Part 31A-44-6 Enforcement"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter44/31A-44-S602.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"ad3664dc849e47fe0ff63d744ad2e27ad74f3e7b184d8eb1653a2466235736b1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-44-601","next":"us-ut/utah-code-31a-44-603"},"notice":"GroundRules: Original legal text. Not legal advice."}