Sec. 11. In lieu of establishing an escrow account under section 10 of this chapter, a provider may, with the commissioner's permission, post a letter of credit from a financial institution, negotiable securities, or a bond by a surety authorized to do business in Indiana. The letter of credit, negotiable securities, or bond must be:
(1) approved by the commissioner as to form;
(2) for an amount that is at least equal to the maximum amount of entrance fees reasonably anticipated by the provider to otherwise be subject to the escrow requirements set forth in section 10 of this chapter; and
(3) executed in favor of the commissioner on behalf of individuals who may be found entitled to a refund of entrance fees.
As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.152-2020, SEC.6.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
Chapter 4. Supervision of Continuing Care Contracts
23-2-4-2. Application of Chapter
23-2-4-3. Registration; Application; Order
23-2-4-4. Initial Disclosure Statement; Contents
23-2-4-5. Annual Disclosure Statement; Contents; Fee
23-2-4-6. Disclosure Statements; Amendment
23-2-4-7. Delivery of Disclosure Statements to Persons Executing Agreements
23-2-4-7.5. Termination of Contract
23-2-4-11. Letter of Credit, Negotiable Securities, or Bond Instead of Escrow Account
23-2-4-13. Retirement Home Guaranty Fund; Creation and Expiration; Purpose; Levy
23-2-4-14. Fund; Board of Directors; Membership; Compensation
23-2-4-15. Board; Submission and Approval of Plan of Operation; Contents of Plan; Adoption of Rules
23-2-4-17. Fund; Examination and Regulation by Commissioner; Reports
23-2-4-18. Fund; Exemption From Certain Fees and Taxes
23-2-4-20. Disclosure Statements; Liability of Provider
23-2-4-21. Commissioner; Petition for Appointment of Receiver
23-2-4-22. Commissioner; Powers; Hearings and Investigations
23-2-4-23. Violations; Cease and Desist Orders; Actions for Injunctive Relief