26B-2-308.  Prohibited acts — Penalty.

(1)  No person may:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 26B-2-308

  • Long-term care facility: means :
    (i) a skilled nursing facility;
    (ii) except as provided in Subsection (6)(b), an intermediate care facility;
    (iii) a nursing home;
    (iv) a small health care facility;
    (v) a small health care facility type N; or
    (vi) an assisted living facility. See Utah Code 26B-2-301
  • Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301
  • Person: means :Utah Code 68-3-12.5
  • Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301
  • (a)  give or cause to be given advance notice to a long-term care facility or agency that an investigation or inspection under the direction of the ombudsman is pending or under consideration, except as provided by law;

    (b)  disclose confidential information submitted to the ombudsman pursuant to this part, except as provided by law;

    (c)  willfully interfere with the lawful actions of the ombudsman;

    (d)  willfully refuse to comply with lawful demands of the ombudsman, including the demand for immediate entry into or inspection of the premises of any long-term care facility or agency or for immediate access to a resident of a long-term care facility; or

    (e)  offer or accept any compensation, gratuity, or promise thereof in an effort to affect the outcome of a matter being investigated or of a matter that is before the ombudsman for determination of whether an investigation should be conducted.

(2)  Violation of any provision of this part constitutes a class B misdemeanor.

Renumbered and Amended by Chapter 305, 2023 General Session