Section 436.458

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2009   

  436.458.  Alternative provider permitted, when. — 1.  A purchaser may select an alternative provider as the designated provider under the original contract if the purchaser notifies the seller and original provider in writing of the purchaser's intent, stating the name of the alternative provider and the alternative provider consents to the new designation.  Purchasers shall not be penalized or assessed any additional fee or cost for such transfer of the provider designation.

  2.  The seller shall pay the newly designated provider all payments owed to the original provider under the contract.  The newly designated provider shall assume all rights, duties, obligations, and liabilities as the original provider under the contract.  Interest shall continue to be allocated to the seller as provided under the contract.

  3.  In the case of a trust-funded contract and upon written notice to the seller of the purchaser's intent to select an alternative provider under subsection 1 of this section, the seller shall either continue the trust with the new provider in place of, and to receive all payment owed to, the original provider under the original agreement, or pay to the new trust all of the trust property, including principal and income.

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(L. 2009 S.B. 1)