2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523D - RETIREMENT FACILITIES
523D.7 - CIVIL LIABILITY.

        523D.7  CIVIL LIABILITY.
         1.  A provider is liable to the person contracting for continuing
      care or senior adult congregate living services for damages and
      repayment of all fees paid to the provider, facility, or person
      violating this chapter, less the reasonable value of care and lodging
      provided to the resident by or on whose behalf the contract for
      continuing care or senior adult congregate living services was
      entered into prior to discovery of the violation, misstatement, or
      omission, or the time the violation, misstatement, or omission should
      reasonably have been discovered, together with interest at the legal
      rate for judgments and court costs and reasonable attorney fees, if
      the provider does any of the following:
         a.  Enters into a contract to provide continuing care or
      senior adult congregate living services at a facility without having
      first delivered a disclosure statement meeting the requirements of
      this chapter to the person contracting for continuing care or senior
      adult congregate living services and to the person's personal
      representative if one is appointed by the person.
         b.  Enters into a contract to provide continuing care or
      senior adult congregate living services at a facility with a person
      who has relied on a disclosure statement which contains any untrue
      statement of a material fact or omits to state a material fact
      necessary in order to make the statements made, in light of the
      circumstances under which they are made, not misleading.
         2.  Liability under this section exists regardless of whether or
      not the provider or person liable had actual knowledge of the
      misstatement or omission.
         3.  A person shall not file or maintain an action under this
      section if the person, before filing the action, received an offer to
      refund, payable upon acceptance, all amounts paid the provider,
      facility, or person violating this chapter, together with interest
      from the date of payment, less the reasonable value of care and
      lodging provided prior to receipt of the offer, and the person failed
      to accept the offer within thirty days of its receipt.  At the time a
      provider makes a written offer of refund, the provider shall file a
      copy with the division of insurance.  The refund offer shall refer to
      the provisions of this section.
         4.  An action shall not be maintained to enforce a liability
      created under this chapter unless brought before the expiration of
      six years after the execution of the contract for continuing care or
      senior adult congregate living services which gave rise to the
      violation.
         5.  Except as expressly provided in this chapter, civil liability
      in favor of a private party shall not arise against a person, by
      implication, from or as a result of the violation of this chapter.
      This chapter does not limit a liability which may exist by virtue of
      any other statute or under common law if this chapter were not in
      effect.  

         89 Acts, ch 217, §7