Sec. 5. (a) Each year after the initial year in which a continuing care retirement community is registered under section 3 of this chapter, the provider shall file with the commissioner not later than four (4) months after the end of the provider's fiscal year, unless otherwise extended by the written consent of the commissioner under subsection (c), an annual disclosure statement which shall consist of the financial information set forth in section 4(11) of this chapter.
(b) The annual disclosure statement required to be filed with the commissioner under this section shall be accompanied by an annual filing fee of one hundred dollars ($100), which shall be paid to the commissioner not later than four (4) months after the end of the provider's fiscal year, regardless whether the commissioner issues an extension under subsection (c).
(c) The commissioner may, by issuing a written statement, extend the time in which a provider files its annual disclosure statement. However, an extension under this subsection shall not allow an annual disclosure statement to be filed later than twelve (12) months after the end of the provider's fiscal year. The commissioner may request information from a provider to determine whether an extension is necessary.
(d) A provider that receives an extension under subsection (c) and has not filed its annual disclosure statement during the period specified in subsection (a) shall inform all prospective residents, in a manner prescribed by the commissioner, that the provider has received an extension for filing its annual disclosure statement.
As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.234-1985, SEC.2; P.L.153-2009, SEC.7; P.L.205-2021, SEC.2.
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