A. A person contracting with a provider for continuing care may terminate thecontinuing care contract and such provider shall be liable to the personcontracting for continuing care for repayment of all fees paid to theprovider, facility or person violating this chapter, together with interestthereon at the legal rate for judgments, court costs and reasonableattorney's fees, less the reasonable value of care and lodging provided tothe resident prior to the termination of the contract, and for damages ifafter the effective date of this chapter such provider or a person acting onhis behalf, with or without actual knowledge of the violation, enters into acontract with such person:
1. For continuing care at a facility which has not registered under thischapter; or
2. Without having first provided to such person a disclosure statement not(i) containing any untrue statement of a material fact or (ii) omitting amaterial fact required to be stated therein or necessary in order to make thestatements made therein not misleading, in light of the circumstances underwhich they are made.
B. A person who willfully or recklessly aids or abets a provider in thecommission of any act prohibited by this section shall be liable as set outin subsection A of this section.
C. The Commission shall have no jurisdiction to adjudicate controversiesconcerning continuing care contracts. A breach of contract shall not bedeemed a violation of this chapter. Termination of a contract pursuant tosubsection A of this section shall not preclude the resident's seeking anyother remedies available under any law.
A. A person contracting with a provider for continuing care may terminate thecontinuing care contract and such provider shall be liable to the personcontracting for continuing care for repayment of all fees paid to theprovider, facility or person violating this chapter, together with interestthereon at the legal rate for judgments, court costs and reasonableattorney's fees, less the reasonable value of care and lodging provided tothe resident prior to the termination of the contract, and for damages ifafter the effective date of this chapter such provider or a person acting onhis behalf, with or without actual knowledge of the violation, enters into acontract with such person:
1. For continuing care at a facility which has not registered under thischapter; or
2. Without having first provided to such person a disclosure statement not(i) containing any untrue statement of a material fact or (ii) omitting amaterial fact required to be stated therein or necessary in order to make thestatements made therein not misleading, in light of the circumstances underwhich they are made.
B. A person who willfully or recklessly aids or abets a provider in thecommission of any act prohibited by this section shall be liable as set outin subsection A of this section.
C. The Commission shall have no jurisdiction to adjudicate controversiesconcerning continuing care contracts. A breach of contract shall not bedeemed a violation of this chapter. Termination of a contract pursuant tosubsection A of this section shall not preclude the resident's seeking anyother remedies available under any law.
A. A person contracting with a provider for continuing care may terminate thecontinuing care contract and such provider shall be liable to the personcontracting for continuing care for repayment of all fees paid to theprovider, facility or person violating this chapter, together with interestthereon at the legal rate for judgments, court costs and reasonableattorney's fees, less the reasonable value of care and lodging provided tothe resident prior to the termination of the contract, and for damages ifafter the effective date of this chapter such provider or a person acting onhis behalf, with or without actual knowledge of the violation, enters into acontract with such person:
1. For continuing care at a facility which has not registered under thischapter; or
2. Without having first provided to such person a disclosure statement not(i) containing any untrue statement of a material fact or (ii) omitting amaterial fact required to be stated therein or necessary in order to make thestatements made therein not misleading, in light of the circumstances underwhich they are made.
B. A person who willfully or recklessly aids or abets a provider in thecommission of any act prohibited by this section shall be liable as set outin subsection A of this section.
C. The Commission shall have no jurisdiction to adjudicate controversiesconcerning continuing care contracts. A breach of contract shall not bedeemed a violation of this chapter. Termination of a contract pursuant tosubsection A of this section shall not preclude the resident's seeking anyother remedies available under any law.
