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Part I - Definitions; General Provisions
Section 10-401 - Definitions - (a) In this subtitle the following words have the meanings...
Section 10-402 - Application of Subtitle and Other Laws - (a) (1) A continuing care at home provider is subject...
Section 10-403 - Duties of Department - (a) The Department shall: (1) administer this subtitle; (2) prepare...
Section 10-404 - Payment for Health Related Services - Medical and nursing services and other health related services may...
Section 10-405 - Continuing Care Fund - (a) In this section, “Fund” means the Continuing Care Fund....
Part II - Continuing Care in a Retirement Community -- Certificates of Registration
Section 10-407 - Scope of Part - This part applies only to continuing care in a retirement...
Section 10-408 - General Requirements - (a) A provider shall comply with the applicable provisions of...
Section 10-409 - Feasibility Study - (a) A provider may not collect deposits for continuing care...
Section 10-410 - Deposits - (a) A provider may collect deposits from prospective subscribers if:...
Section 10-411 - Preliminary Certificate of Registration - (a) A provider may not enter into a continuing care...
Section 10-412 - Initial Certificate of Registration - (a) A provider may not provide continuing care until the...
Section 10-413 - Renewal Certificate of Registration - (a) (1) Each year, within 120 days after the end...
Section 10-414 - Renovations - (a) A provider may not begin construction of a renovation...
Section 10-415 - Expansions - (a) A provider may not begin construction of an expansion...
Section 10-416 - Denial, Suspension, or Revocation - (a) For cause, the Department may: (1) deny a feasibility...
Part III - Providers
Section 10-419 - "Net Operating Expenses" Defined - In this part, “net operating expenses” means the total operating...
Section 10-420 - Operating Reserves -- in General - (a) Interest expenses may be excluded from the calculation of...
Section 10-421 - Operating Reserves -- Computation - (a) (1) A provider shall compute operating reserves for each...
Section 10-422 - Operating Reserves -- Drawing Funds From Reserves - (a) A provider shall notify the Department in writing immediately...
Section 10-423 - Operating Reserves -- Unconverted Facilities - (a) For a facility that has not been the subject...
Section 10-424 - Disclosure Statements -- in General - (a) (1) A provider shall give without cost a disclosure...
Section 10-425 - Disclosure Statements -- Contents - (a) A disclosure statement shall include: (1) a table of...
Section 10-426 - Annual Meeting - (a) At least once a year, each provider shall hold...
Section 10-427 - Subscriber Input - (a) (1) If a provider has a governing body, at...
Section 10-428 - Internal Grievance Procedure - (a) A provider shall establish an internal grievance procedure to...
Section 10-429 - Copies of Materials - A provider shall make readily available to its subscribers for...
Section 10-430 - Conspicuous Disclaimer - All marketing materials, including disclosure statements, that state that part...
Part IV - Facilities and Assets
Section 10-432 - Sale or Transfer of Facility Ownership -- in General - (a) (1) Subsection (b)(2) of this section does not apply...
Section 10-433 - Sale or Transfer of Facility Ownership -- Notices - (a) (1) At least 90 days before the proposed effective...
Section 10-434 - Sale or Transfer of Facility Ownership -- Subscriber Questions and Comments - (a) Within 15 days after the notice required under §...
Section 10-435 - Sale or Transfer of Facility Ownership -- Approval by Department - (a) (1) After reviewing the information required by §§ 10-433...
Section 10-436 - Sale or Transfer of Assets - (a) This section does not apply to: (1) a transaction...
Section 10-437 - Sale or Transfer of Assets -- Notices to Department - (a) A provider subject to § 10-436(b)(1) of this subtitle...
Section 10-438 - Sale or Transfer of Assets -- Approval by Department - (a) (1) After reviewing the information required by § 10-437...
Section 10-439 - Termination of or Failure to Renew Lease After Conversion - A provider whose facility has been the subject of a...
Section 10-440 - Removal of Records or Assets From State - (a) A provider may not remove a record or asset...
Section 10-441 - Inspections - (a) The Department may: (1) inspect a facility that offers...
Section 10-443 - Provisions of Part Iv Are in Addition to Other Laws - The provisions of Part IV of this subtitle are in...
Part V - Continuing Care Agreements
Section 10-444 - Continuing Care Agreements -- Contents - (a) Except as provided in subsection (b)(25) of this section,...
Section 10-445 - Continuing Care Agreements -- Approval by Department; Availability for Inspection - (a) (1) (i) If a provider’s feasibility study has been...
Section 10-446 - Rescission of Agreement; Withdrawal of Application - (a) A subscriber may rescind a continuing care agreement for...
Section 10-447 - Services Under an Extensive or Modified Agreement - (a) (1) In this section the following words have the...
Section 10-448 - Dismissal or Discharge of Subscriber Before Expiration of Agreement - (a) A continuing care agreement may not allow dismissal or...
Section 10-449 - Contractual Entrance Fee Refund Due to Termination of Continuing Care Agreement by Subscriber - (a) A continuing care agreement shall allow a subscriber to...
Section 10-450 - Waiver of Certain Provisions Prohibited - An act, agreement, or statement by a subscriber or by...
Part VI - Continuing Care at Home
Section 10-453 - Scope of Part - This part applies only to continuing care at home operations.
Section 10-454 - Regulations - (a) The Department shall adopt regulations that: (1) set standards...
Section 10-455 - Feasibility Study - (a) A provider may not collect deposits to provide continuing...
Section 10-456 - Deposits - (a) A provider may collect deposits from prospective subscribers if:...
Section 10-457 - Preliminary Certificate of Registration - (a) A provider may not enter into an agreement to...
Section 10-458 - Certificate of Registration - (a) A provider may not provide continuing care at home...
Section 10-459 - Renewal Certificate of Registration - (a) (1) Each year, within 120 days after the end...
Section 10-460 - Denial, Suspension, or Revocation - (a) For cause, the Department may: (1) deny a feasibility...
Part VII - Financial Review
Section 10-463 - "Committee" Defined - In this part, “Committee” means the Financial Review Committee established...
Section 10-464 - Financial Review Committee - There is a Financial Review Committee in the Department.
Section 10-465 - Membership - (a) (1) The Committee consists of seven members appointed by...
Section 10-466 - Referrals to Committee - (a) (1) The Department may refer to the Committee for...
Section 10-467 - Final Determination of Financial Difficulty - (a) Within 25 days after receipt of the Committee’s recommendations,...
Section 10-468 - Financial Plan - (a) (1) A provider notified of financial difficulty by the...
Section 10-469 - Determination of Risk of Financial Failure - The Department may determine that there exists a significant risk...
Part VIII - Delinquency Proceedings
Section 10-472 - Definitions - (a) In this part the following words have the meanings...
Section 10-473 - Exclusiveness of Remedy - Notwithstanding any other provision of law and subject to §...
Section 10-474 - Immunity From Liability - The Secretary, deputy secretary, special deputy secretary, or any person...
Section 10-475 - Fees and Costs - (a) (1) This subsection applies even if a paper or...
Section 10-476 - Appointment of Staff - (a) (1) In a delinquency proceeding in which the Secretary...
Section 10-477 - Jurisdiction and Venue - (a) The Circuit Court of Baltimore City: (1) has exclusive...
Section 10-478 - Commencement of Delinquency Proceedings - (a) The Secretary shall commence a delinquency proceeding against a...
Section 10-479 - Grounds for Conservation, Rehabilitation, or Liquidation of Providers - (a) The Secretary may apply to the court for an...
Section 10-480 - Orders to Rehabilitate, Liquidate, or Conserve Providers - (a) (1) An order to rehabilitate a provider shall: (i)...
Section 10-481 - Appointed Receivers - (a) In this section, “appointed receiver” means a person, other...
Section 10-482 - Notice to Subscribers of Delinquency Proceeding - Within 15 days after appointment as receiver or conservator for...
Section 10-483 - Appeals to Court of Special Appeals - An appeal may be taken to the Court of Special...
Section 10-484 - Loans and Pledges of Assets - (a) To facilitate the rehabilitation, liquidation, conservation, or dissolution of...
Section 10-485 - Administration of Assets - (a) Whenever under this subtitle a receiver is to be...
Section 10-486 - Attachment or Garnishment of Assets - (a) During pendency of a delinquency proceeding for a provider,...
Section 10-487 - Voidable Transfers - (a) A transfer of or lien on the property of...
Section 10-488 - Deposits - (a) (1) The Secretary shall deposit money collected in a...
Section 10-489 - Procedures for Filing Claims - (a) (1) If on issuance of an order of liquidation...
Section 10-490 - Priority of Claims - (a) In this section, “preferred claim” means a claim that...
Section 10-491 - Disposition of Claims - (a) (1) Subject to paragraph (2) of this subsection, contingent...
Section 10-492 - Offsets - (a) Except as provided in subsection (b) of this section,...
Section 10-493 - Bankruptcy or Receivership - If a provider is the subject of a bankruptcy or...
Part IX - Prohibited Acts; Penalties; Remedies
Section 10-496 - Prohibited Acts; Penalties - (a) A person may not maintain or operate a facility...
Section 10-497 - Civil Money Penalties - (a) The Secretary may impose a civil money penalty against...
Section 10-498 - Actions for Equitable Relief or Damages - (a) (1) Any subscriber injured by a violation of this...
Section 10-499 - Receivership - (a) The Department may use the receivership provisions of Part...