reglab/housing_qa huggingface dataset:
MD. Human Services Code Ann. §  10-409 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-409 - Feasibility Study

    (a)    A provider may not collect deposits for continuing care or begin construction of a new facility until the Department approves a feasibility study.    (b)    A person who intends to submit a feasibility study under subsection (c) of this section shall file with the Department a statement of intent to provide continuing care at least 30 days before the person submits the feasibility study to the Department.    (c)    A feasibility study shall:        (1)    be filed in a form satisfactory to the Department; and        (2)    include at least the following information:            (i)    a statement of the purpose of the proposed construction or conversion;            (ii)    documentation of the financial resources of the provider;            (iii)    a statement of the capital expenditures necessary to accomplish the project and the plan for acquiring the necessary capital;            (iv)    a plan demonstrating the financial feasibility of the proposed project, including future funding sources;            (v)    a study that demonstrates the market for the project;            (vi)    an actuarial forecast reviewed by a qualified actuary;            (vii)    a statement of the planned fee structure, including any proposed escalator or other automatic adjustment provision;            (viii)    a description of the facility proposed to be used or being used for continuing care;            (ix)    a copy of the proposed escrow and deposit agreements; and            (x)    the form and substance of any proposed advertisement, advertising campaign, or promotional material for the facility that is available at the time of filing.    (d)    The Department may approve a feasibility study if the Department determines that:        (1)    the number of comprehensive care or assisted living beds in the facility for which licenses are required by the Maryland Department of Health is not inconsistent with the State health plan;        (2)    a reasonable financial plan has been submitted for developing and operating the project;        (3)    a market for the facility appears to exist;        (4)    a recognized authority prepared the feasibility study;        (5)    the actuarial forecast supports the projections for the project;        (6)    the Department has approved the escrow agreement and deposit agreement; and        (7)    the approved escrow agreement is executed by the provider and the financial institution.
MD. Human Services Code Ann. §  10-410 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-410 - Deposits

    (a)    A provider may collect deposits from prospective subscribers if:        (1)    the Department has approved the provider’s feasibility study; and        (2)    funds collected are maintained in an escrow account.    (b)    Each deposit agreement shall comply with the requirements of subsection (c) or (d) of this section.    (c)    If a deposit agreement is used for a deposit on a unit for which the provider has not received written approval to withdraw deposits, the deposit agreement shall:        (1)    state that all deposits and entrance fees will be held in escrow until:            (i)    an initial certificate of registration for the unit is issued;            (ii)    construction is completed;            (iii)    a certificate of occupancy, or its equivalent, is issued by the local jurisdiction; and            (iv)    the provider has the appropriate licenses or certificates from the Maryland Department of Health, the Maryland Health Care Commission, and the Department;        (2)    describe the disposition of any interest earned on deposits and entrance fees;        (3)    state the amount of any processing fee and whether it will be refunded if the deposit agreement is canceled; and        (4)    describe the disposition of the deposit if the deposit agreement is canceled before the continuing care agreement is executed.    (d)    If a deposit agreement is used for a deposit on a unit for which the provider has received written approval to withdraw deposits, the deposit agreement shall:        (1)    state that the provider may use all deposits and entrance fees at any time; or        (2)    describe any applicable limitations on the use of deposits and entrance fees.
MD. Human Services Code Ann. §  10-413 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-413 - Renewal Certificate of Registration

    (a)    (1)    Each year, within 120 days after the end of a provider’s fiscal year, the provider shall file an application for a renewal certificate of registration in a form satisfactory to the Department.        (2)    A renewal application shall contain:            (i)    any additions or changes to the information required by §§ 10–408 through 10–410 of this subtitle;            (ii)    an audited financial statement for the preceding fiscal year prepared in accordance with an audit guide that the Department adopts;            (iii)    an operating budget for the current fiscal year and a projected operating budget for the next fiscal year;            (iv)    a cash flow projection for the current fiscal year and the next 2 fiscal years;            (v)    a projection of the life expectancy and the number of residents who will require nursing home care;            (vi)    an actuarial study reviewed by a qualified actuary and submitted every 3 years, unless the provider is exempted from the requirement for an actuarial study by regulations adopted by the Department exempting categories of providers that the Department determines have substantially limited long–term care liability exposure;            (vii)    the form and substance of any proposed advertisement, advertising campaign, or other promotional material not previously submitted to the Department; and            (viii)    any further information that the Department requires.    (b)    (1)    The Department may charge a late fee if the application and accompanying information are not received by the Department within 120 days after the end of the provider’s fiscal year.        (2)    Failure to file the required information within 90 days after the due date is a violation of this subtitle.    (c)    The Department shall issue a renewal certificate of registration if the Department determines that:        (1)    the required documents have been filed;        (2)    any revised continuing care agreements meet the requirements of this subtitle;        (3)    if the provider has been found to be in financial difficulty, the provider has complied with Part VII of this subtitle;        (4)    when appropriate, the facility has been licensed or certified by the Maryland Department of Health or the Department; and        (5)    the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted to the Department are not deceptive, misleading, or likely to mislead.
MD. Human Services Code Ann. §  10-414 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-414 - Renovations

    (a)    A provider may not begin construction of a renovation until the provider receives written approval from the Department.    (b)    (1)    A provider shall file with the Department a request for approval for each renovation.        (2)    At least 30 days before filing the request, the provider shall submit to the Department a written statement of intent to file a request for approval of a renovation.        (3)    A request for approval of a renovation shall be in a form satisfactory to the Department.        (4)    A request for approval shall include:            (i)    a statement of the purpose of and need for the renovation;            (ii)    a financial plan that demonstrates to the satisfaction of the Department that the renovation will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle at the facility to be renovated and at the provider’s other facilities in the State; and            (iii)    any other information that the Department requires.    (c)    The Department shall approve a renovation if the Department determines that the proposed renovation will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle.
MD. Human Services Code Ann. §  10-415 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-415 - Expansions

    (a)    A provider may not begin construction of an expansion until the provider receives written approval from the Department.    (b)    (1)    A provider shall file with the Department a request for approval for each expansion.        (2)    At least 30 days before filing the request, the provider shall submit to the Department a written statement of intent to file a request for approval of an expansion.        (3)    A request for approval of an expansion shall be in a form satisfactory to the Department.        (4)    A request for approval shall include:            (i)    a statement of the purpose of and need for the expansion;            (ii)    if the expansion involves living units, a plan that demonstrates to the satisfaction of the Department that a market exists for the additional living units;            (iii)    a financial plan that demonstrates to the satisfaction of the Department that the expansion will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle at the facility to be expanded and at the provider’s other facilities in the State; and            (iv)    any other information that the Department requires.    (c)    The Department shall approve an expansion and, if appropriate, issue a new certificate of registration if the Department determines that the proposed expansion will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle.
MD. Human Services Code Ann. §  10-416 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part II - Continuing Care in a Retirement Community -- Certificates of Registration|Section 10-416 - Denial, Suspension, or Revocation

    (a)    For cause, the Department may:        (1)    deny a feasibility study approval; or        (2)    deny, suspend, or revoke a preliminary, initial, or renewal certificate of registration.    (b)    (1)    Grounds for a denial, suspension, or revocation include:            (i)    violation of this subtitle;            (ii)    violation of a regulation the Department adopts under this subtitle;            (iii)    misrepresentation; or            (iv)    submission of a false financial statement.        (2)    The Department shall set forth in writing its reasons for a denial, suspension, or revocation.    (c)    Title 10, Subtitle 2 of the State Government Article governs the appeal of a denial, revocation, or suspension.
MD. Human Services Code Ann. §  10-419 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-419 - "Net Operating Expenses" Defined

    In this part, “net operating expenses” means the total operating expenses at each facility of a provider, less depreciation, amortization, unusual and infrequent expenses, changes in the obligation to provide future services, and changes in the fair market value of interest rate swap agreements not involving an exchange of funds.
MD. Human Services Code Ann. §  10-420 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-420 - Operating Reserves -- in General

    (a)    Interest expenses may be excluded from the calculation of net operating expenses for a fiscal year, if the provider funded a debt service reserve or other interest reserve under requirements imposed by a financial institution or under applicable financing documents, to the extent the reserve fund included amounts to cover interest for that fiscal year.    (b)    (1)    Except as otherwise provided in this part, a provider shall set aside for each facility subject to this subtitle operating reserves that:            (i)    before January 1, 2023, equal 15% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available; and            (ii)    beginning January 1, 2023, equal 25% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available.        (2)    The provider shall keep the operating reserves in a reasonably liquid form in the judgment of the provider.        (3)    Beginning January 1, 2014, the assets held by the provider as the operating reserves required under this subsection:            (i)    except as provided in paragraph (4) of this subsection, shall be unrestricted cash and investments; and            (ii)    may not:                1.    be met with a line of credit; or                2.    except as provided in paragraph (4) of this subsection, be hypothecated, pledged as collateral, or otherwise encumbered by the provider in any manner.        (4)    Beginning January 1, 2014, the assets held by the provider as the operating reserves may be encumbered if:            (i)    the assets are encumbered by contractual obligations undertaken before January 1, 2014, that have not materially changed since January 1, 2014; or            (ii)    the assets are encumbered as part of a general security pledge of assets or similar collateralization that is part of the provider’s long–term capital debt covenants included in the provider’s long–term debt indenture or similar financial instrument but which remain available to the provider to pay operating expenses without substantial restrictions or limitations.    (c)    (1)    A provider shall meet the requirements of subsection (b) of this section within 10 full fiscal years after the date of its initial certificate of registration.        (2)    A provider shall set aside at least 10% of the reserves required under subsection (b) of this section at the end of each fiscal year after the date of its initial certificate of registration, up to a total of 100% at the end of the 10th fiscal year.        (3)    The Department may allow a provider to modify the minimum rate required under paragraph (2) of this subsection or extend the time to meet the requirements of subsection (b) of this section if the modification is necessary to maintain the financial viability of the facility.
MD. Human Services Code Ann. §  10-421 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-421 - Operating Reserves -- Computation

    (a)    (1)    A provider shall compute operating reserves for each facility as of the end of the facility’s most recent fiscal year.        (2)    When a provider files an application for a renewal certificate of registration, the provider shall show compliance with operating reserve requirements by including with the application:            (i)    a letter to the Department from a certified public accountant that states the amount set aside; or            (ii)    a certified financial statement that states the amount set aside.    (b)    A provider may apply toward the operating reserves required by § 10-420(b) of this subtitle any reserves, except debt service reserves, that are maintained under applicable financing document requirements if the reserves are available to the provider to meet the facility’s operating expenses.    (c)    For the purpose of computing a provider’s operating reserves, investments held to the credit of the reserves shall be calculated at their market value as of the end of the provider’s most recent fiscal year for which a certified financial statement is available.
MD. Human Services Code Ann. §  10-422 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-422 - Operating Reserves -- Drawing Funds From Reserves

    (a)    A provider shall notify the Department in writing immediately on the withdrawal of any amount from the funds available to satisfy the operating reserves required by § 10–420(b) of this subtitle.    (b)    Within 30 days after making a withdrawal described in subsection (a) of this section, the provider shall submit to the Department a written plan for restoring the reserves to the level required by § 10–420(b) of this subtitle.
MD. Human Services Code Ann. §  10-423 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-423 - Operating Reserves -- Unconverted Facilities

    (a)    For a facility that has not been the subject of a conversion and that has residents who are not parties to continuing care agreements, the provider shall calculate the amount of operating reserves required under § 10–420 of this subtitle based on the pro rata proportion of the net operating expenses as specified under subsection (b) of this section.    (b)    The pro rata proportion of the net operating expenses equals the number of units in the facility for which the Department has issued a certificate of registration divided by the total number of accommodations in the facility multiplied by the net operating expenses for the most recent fiscal year for which a certified financial statement is available.
MD. Human Services Code Ann. §  10-424 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-424 - Disclosure Statements -- in General

    (a)    (1)    A provider shall give without cost a disclosure statement for each facility for which the provider holds a preliminary, initial, or renewal certificate of registration:            (i)    to a prospective subscriber before the earlier of payment of any part of the entrance fee or execution of a continuing care agreement; and            (ii)    annually to any subscriber who requests a disclosure statement.        (2)    A provider shall submit its initial disclosure statement to the Department for review at least 45 days before giving the statement to any prospective subscriber.    (b)    (1)    A provider shall revise the disclosure statement annually and file it with the Department within 120 days after the end of the provider’s fiscal year.        (2)    The Department shall review the disclosure statement solely to ensure compliance with § 10–425 of this subtitle.    (c)    (1)    An amended disclosure statement is subject to each requirement of this subtitle.        (2)    A provider shall file an amended disclosure statement with the Department when it is delivered to a subscriber or prospective subscriber.
MD. Human Services Code Ann. §  10-426 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-426 - Annual Meeting

    (a)    At least once a year, each provider shall hold a meeting open to all of the provider’s subscribers.    (b)    At the meeting, an authorized officer of the provider shall:        (1)    summarize the provider’s operations, significant changes from the previous year, and goals and objectives for the next year; and        (2)    answer subscribers’ questions.
MD. Human Services Code Ann. §  10-427 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-427 - Subscriber Input

    (a)    (1)    If a provider has a governing body, at least one of the provider’s subscribers shall be a full and regular member of the governing body.        (2)    If the provider owns or operates more than three facilities in the State, the governing body shall include at least one of the provider’s subscribers for every three facilities in the State.        (3)    Subject to paragraph (4) of this subsection, a member of the governing body who is selected to meet the requirements of this subsection shall be a subscriber at a facility in the State and be selected according to the same general written standards and criteria used to select other members of the governing body.        (4)    The governing body shall confer with the resident association at each of the provider’s facilities before the subscriber officially joins the governing body.        (5)    The Secretary may waive the requirements of this subsection for a provider in the process of decertifying as a provider, if the Secretary determines that there are no subscribers willing and able to serve on the governing body.    (b)    (1)    If a provider does not have a governing body, the provider shall appoint a select committee of its officers or partners to meet at least twice a year with the resident association at each of its facilities to address concerns of the subscribers and to ensure that the opinions of subscribers are relayed to all officers or partners of the provider.        (2)    If a facility does not have a resident association, the committee shall meet with a reasonable number of representatives, not required to exceed fifteen, that the subscribers elect.    (c)    As determined by the provider’s governing body, the provider shall make available to subscribers either the nonconfidential portions of the minutes of each meeting of the governing body or a summary of the nonconfidential portions of the minutes, within 1 month of approval of the minutes.
MD. Human Services Code Ann. §  10-428 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-428 - Internal Grievance Procedure

    (a)    A provider shall establish an internal grievance procedure to address a subscriber’s grievance.    (b)    The internal grievance procedure shall at least:        (1)    allow a subscriber or group of subscribers collectively to submit a written grievance to the provider;        (2)    require the provider to send a written acknowledgment to the subscriber or group of subscribers within 5 days after receipt of the written grievance;        (3)    require the provider to assign personnel to investigate the grievance;        (4)    give a subscriber or group of subscribers who file a written grievance the right to meet with management of the provider within 30 days after receipt of the written grievance to present the grievance; and        (5)    require the provider to respond in writing within 45 days after receipt of the written grievance regarding the investigation and resolution of the grievance.    (c)    (1)    Within 30 days after the conclusion of an internal grievance procedure established under this section, a subscriber, group of subscribers, or provider may seek mediation through one of the Community Mediation Centers in the State or another mediation provider.        (2)    If a provider, subscriber, or group of subscribers seeks mediation under paragraph (1) of this subsection, the mediation shall be nonbinding.