Analysis

Synopsis:

 Relates to aging by requiring providers to include closure plan descriptions in continuing care contracts, requiring the attorney general to accept and review alleged violations of the Continuing Care Act reported from any source.

Analysis:

 This legislation makes modifications to the Continuing Care Act (Section 24-17-7). Providers are to provide an annual disclosure statement as set forth in both the Attorney General Consumer Guide to Continuing Care Communities and the Ageing and Long-Term Care Services Department. A new requirement that the annual disclosure statement will now be provided to the to the Aging and Long-term Services Department is now included. 
The disclosure statement currently includes information related if the provider is a partnership, corporation or association, the names, addresses and duties of its officer, directors, trustee, partner or managers. Also, the name and business address of each of the provider’s affiliates and in new language pertaining to this legislation, a description of the business relationship.
Existing language also requires a statement to be included as to whether the provider or any of its officers, directors, trustees, partners, managers or affiliates, with in the ten years prior to the date of application had been convicted of a felony, or had been found liable in a civil action. In addition, new language now will require whether the provider has incurred a long-term debt that has a maturity of twelve months or longer, including a disclosure of any such long-term debt.
In another section of the Act, clear and understandable language in a Continuing Care Contract is to be provided. New language in this legislation now includes the requirement that the Contract must contain a provision describing the community’s plan for resident relocation upon closure or circumstances that necessitate relocation.
New language pertaining to the filing of disclosure statements  now includes that the statements are to be filed no later than July 1, 2022, and each year thereafter, within one hundred eighty days after the end of a community’s fiscal year. The statements are to filed with the renamed Aging and Long-Term Services Department and the Department will now be required to review disclosure statements filed under the Continuing Care Act for compliance.
Under a section requiring reporting to the Attorney General of violations of the Act, new language now states that a person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to the Act to the Attorney General or to the Aging and Long-Term Care Department. 
Numerous retitling from the Department of Aging to the Aging and Long-Term Care Department are made throughout this bill. 
Finally, new language states that if the Aging and Long-Term Department issues a violation. It is to be provided to the Attorney General where upon a prompt review is to be conducted and if the allegation is credible then the Attorney General is to file the appropriate action. 

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