Section 3217 - Civil liability(a) Any person who, as a provider, or on behalf of a provider: (1) enters into a contract for continuing care at a facility which does not have a certificate of authority under this act;(2) enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of this act to the person contracting for such continuing care; or(3) enters into a contract for continuing care at a facility with a person who has relied on a disclosure statement which omits a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading; shall be liable to the person contracting for such continuing care for damages and repayment of all fees paid to the provider, facility or person violating this act, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care 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 thereon at the legal rate for judgments and court costs and reasonable attorney fees.
(b) Liability under this section shall exist regardless of whether or not the provider or person liable had actual knowledge of the misstatement or omission.(c) A person may not file or maintain an action under this section if the person, before filing the action, received an offer, approved by the commissioner, to refund all amounts paid the provider, facility or person violating this act 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 30 days of its receipt. At the time a provider makes a written offer of rescission, the provider shall file a copy with the commissioner. The rescission offer shall recite the provisions of this section.(d) An action shall not be maintained to enforce a liability created under this act unless brought before the expiration of six years after the execution of the contract for continuing care which gave rise to the violation.(e) Except as expressly provided in this act, 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 act or a rule or order promulgated or issued under this act. This act shall not limit a liability which may exist by virtue of any other statute or under common law if this act were not in effect.1984, June 18, P.L. 391, No. 82, § 17, effective in 6 months.