Precontractual recording requirements

(1) A provider shall file with the department a current disclosure statement that meets the requirements of this part. (2) A provider shall comply with Subsection (1) before the provider: (a) contracts to provide continuing care to a resident in this state; (b) extends the term of an existing continuing care contract with a resident in this state that requires a person to pay an entrance fee, regardless of whether the extended continuing care contract requires an entrance fee; or (c) solicits or offers, or directs another person to solicit or offer, a continuing care contract to a resident of the state. (3) A provider solicits or offers a contract under Subsection (2)(c), if, after 12 months before the day on which a party to a continuing care contract signs or accepts a continuing care contract, the provider or a person acting on behalf of the provider gives information concerning the facility or the availability of a continuing care contract for the facility: (a) in a direct communication to an individual in the state; or (b) in a paid advertisement published in or broadcast from the state, except for a paid advertisement in a publication with more than two-thirds of the publication's circulation outside of the state.