Sec.17b-533-2. Registration; filing and acknowledgment

(a)

(1) The commissioner, or the designee of the commissioner, shall acknowledge in writing the filing of a disclosure statement within ten business days of the date such statement is received if the disclosure statement, on its face, either meets the requirements of the Act, and these regulations, or contains only technical discrepancies. Such acknowledgment shall specify the fee which is due under Section 17b-533-10 (c) (2) of these regulations.

(2) If the commissioner determines that the disclosure statement, on its face, does not meet the requirements of the Act or these regulations, and will not be accepted for filing, written notification of that determination, stating the reasons therefor, will be given to the provider within ten business days of the date such statement is received. Such notification will not be accompanied by a return of the documents tendered.

(3) If neither an acknowledgment of filing nor notification of non-acceptance for filing is made within ten business days a provider may, until notification to the contrary, utilize the disclosure statement for the purposes of the Act.

(b) Upon notification that the disclosure statement has been accepted for filing, and that the required fee has been received pursuant to Section 17b-533-10 (c) of these regulations, the provider may use the disclosure statement for the purposes of the Act.

(c)

(1) Upon notification that the disclosure statement submitted is not accepted for filing, the provider may not, until resolution of the discrepancies by acceptable amendment, appeal, litigation, agreement, or otherwise, use the disclosure statement for the purposes of the Act and, until such resolution, shall refrain from offering or entering into a continuing-care contract in this state, or with any resident of this state, or regarding any facility in this state, based upon the rejected disclosure statement.

(2) Use of a rejected disclosure statement for the purposes of the Act shall be grounds for an immediate request to the Attorney General by the commissioner for the initiation of appropriate legal action, including action to enjoin use of such a rejected disclosure statement.

(d)

(1) Notwithstanding an acknowledgement of acceptance for filing, the commissioner may at any time thereafter review or investigate the information contained in any disclosure statements accepted for filing to determine accuracy and completeness thereof.

(2)

(A) In the event that a subsequent review or investigation determines that any disclosure statement does not in fact meet the requirements of the Act and of these regulations, the commissioner shall forthwith notify the provider thereof, and the reasons therefor, but no penalties shall be assessed or sought for use of the defective disclosure statement for the period between an initial favorable acknowledgement and subsequent review and notice of discrepancies.

(B) In the event of such a subsequent determination, the commissioner may, in the case of technical or minor discrepancies, authorize continued use of the defective disclosure statement until the discrepancies can be conveniently corrected either by way of amendment or in a subsequent disclosure statement.

(C)

(i) In the event discrepancies in the disclosure statement arise by reason of an untrue statement of material fact or failure to state a material fact then, on notification by the commissioner, the provider shall take such action as may be satisfactory to the commissioner to correct the disclosure statement and to notify prospective residents of changes therein.

(ii) In the event that a provider shall fail to take such action, or if it appears to the commissioner that the discrepancies were intentional, then the commissioner shall request the Attorney General to initiate appropriate legal action, including action to enjoin any use of the disclosure statement.

(Effective January 31, 1996)