31A-44-103.  Advisory committee.

(1)  The commissioner may convene a continuing care advisory committee to advise the department on issues related to the continuing care industry, continuing care facility residents, and the department’s duties under this chapter.

Terms Used In Utah Code 31A-44-103

  • Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
  • Insurance: includes :
(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
    • (2)  The committee described in Subsection (1) shall consist of five members appointed by the department as follows:

    (a)  a representative from an organization that advocates for the elderly;

    (b)  a representative of nursing homes;

    (c)  a representative from the continuing care industry;

    (d)  a representative from the insurance community; and

    (e)  a member of the general public who is a resident of a continuing care facility.

    (3) 

    (a)  Except as required by Subsection (3)(b), the term of a member of the committee shall be four years and expire on July 1.

    (b)  The commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the committee is appointed every two years.

    (4)  A member of the committee shall serve until the member’s successor is appointed and qualified.

    (5)  When a vacancy occurs in the committee’s membership, the department shall appoint a replacement.

    (6)  The department may dismiss and replace members of the committee at the department’s discretion.

    (7)  The department may designate a chair of the committee.

    (8)  The committee shall meet when called by the department.

    (9)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

    (a)  Section 63A-3-106;

    (b)  Section 63A-3-107; and

    (c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

    (10)  The department shall staff the committee.

    Enacted by Chapter 270, 2016 General Session

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