§ 23-59-12 - Civil liability.
SECTION 23-59-12
§ 23-59-12 Civil liability. – (a) A person contracting with a provider for continuing care may terminate thecontinuing care contract, and the provider shall be liable to the personcontracting for continuing care for repayment of all fees paid to the provider,facility, or person violating this chapter, together with interest thereon atthe legal rate for judgments, court costs, and reasonable attorney's fees, lessthe reasonable value of care and lodging provided to the resident prior to thetermination of the contract and for damages if after June 18, 1987 the provideror a person acting on the provider's behalf, with or without actual knowledgeof the violation, entered into a contract with the person:
(1) For continuing care at a facility which has notregistered under this chapter;
(2) Without having first provided to the person a disclosurestatement meeting the requirements of this chapter and not omitting a materialfact required to be stated therein or necessary in order to make the statementsmade therein not misleading, in light of the circumstances under which they aremade; or
(3) If the contract does not meet the requirements of §23-59-6.
(b) A person who willfully or recklessly aids or abets aprovider in any act prohibited by this section shall be liable as set out insubsection (a) of this section.
(c) The department shall have no jurisdiction to adjudicatecontroversies concerning continuing care contracts. A breach of contract shallnot be deemed a violation of this chapter. Termination of a contract pursuantto subsection (a) shall not preclude the resident's seeking any other remediesavailable under any law.