reglab/housing_qa huggingface dataset:
MD. Human Services Code Ann. §  10-429 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-429 - Copies of Materials

    A provider shall make readily available to its subscribers for review at the facility:        (1)    copies of all materials that the provider submits to the Department that are required to be disclosed under the Public Information Act; and        (2)    a copy of the most recent finalized budget of the facility.
MD. Human Services Code Ann. §  10-430 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part III - Providers|Section 10-430 - Conspicuous Disclaimer

    All marketing materials, including disclosure statements, that state that part or all of the entrance fee is or may be refundable shall include a conspicuous disclaimer that states at least the following: “Carefully read the continuing care agreement for the conditions that must be satisfied before the provider is required to pay the entrance fee refund.”.
MD. Human Services Code Ann. §  10-432 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|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 to a transfer of ownership or control of a person that owns or controls a facility, if:            (i)    the transfer is part of a business reorganization; and            (ii)    the same person or persons holding the right to control or holding a majority of ownership before the business reorganization will retain, directly or indirectly, the right to control or a majority of ownership, respectively, after the business reorganization.        (2)    The provider shall notify the Department and the facility’s subscribers 30 days before any reorganization described in paragraph (1) of this subsection.    (b)    Unless the Department approves the sale or transfer in accordance with §§ 10–433 through 10–435 of this subtitle:        (1)    except for the grant of a mortgage or deed of trust to an unrelated third party, a provider that holds a preliminary, initial, or renewal certificate of registration may not sell or otherwise transfer, directly or indirectly, ownership of a facility or any ownership interest in a facility; and        (2)    a person with an ownership interest in or a right to control the provider, through governing body appointments or contractual or similar arrangements, may not sell or otherwise transfer, directly or indirectly, the right to control or more than 50% of the ownership of a person that owns or controls a facility.    (c)    Any series of sales or other transfers described in subsection (b) of this section that occur in a 12–month period shall be aggregated for purposes of this section and §§ 10–433 through 10–435 of this subtitle.
MD. Human Services Code Ann. §  10-434 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-434 - Sale or Transfer of Facility Ownership -- Subscriber Questions and Comments

    (a)    Within 15 days after the notice required under § 10–433(a)(2) of this subtitle is given, subscribers may submit to the existing provider, any proposed new provider, and the Department written questions and comments about the proposed sale or transfer.    (b)    (1)    Within 25 days after the notice required under § 10–433(a)(2) of this subtitle is given, representatives of the existing provider and any proposed new provider shall hold a meeting with not more than 15 representatives chosen by the subscribers of the affected facility to discuss the proposed sale or transfer.        (2)    The subscriber representatives shall give their names and addresses to the existing provider, any proposed new provider, and the Department.        (3)    Representatives of the Department may attend the meeting.    (c)    Within 10 days after the meeting required under subsection (b) of this section, subscribers may submit to the existing provider, any proposed new provider, and the Department additional written comments about the proposed sale or transfer.
MD. Human Services Code Ann. §  10-435 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-435 - Sale or Transfer of Facility Ownership -- Approval by Department

    (a)    (1)    After reviewing the information required by §§ 10-433 and 10-434 of this subtitle, the Department shall determine whether the sale or transfer satisfies the standard for approval set forth in subsection (b) of this section.        (2)    The Department shall make the determination within 50 days after the date of the notice required under § 10-433(a)(2) of this subtitle unless extended by the Department for good cause.        (3)    The Department shall notify the existing provider, any proposed new provider, and the subscriber representatives in writing of the determination and the reasons for it and, if applicable, that the Department intends to transfer the certificate of registration to the new provider.    (b)    The Department shall approve a sale or other transfer of ownership or control unless the Department determines that the sale or transfer is likely to have an unreasonably adverse effect on:        (1)    the financial stability of the provider; or        (2)    the capacity of the provider to perform continuing care agreement obligations to subscribers.    (c)    (1)    In accordance with Title 10, Subtitle 2 of the State Government Article, the provider may appeal the Department’s decision on the proposed sale or transfer.        (2)    A person other than the provider may not appeal the Department’s decision or be a party in interest to the proceedings.        (3)    The Department shall give prompt notice of any appeal and of any decision issued in the appeal to the subscriber representatives.    (d)    A sale or other transfer of ownership or control subject to this section and §§ 10-432 through 10-434 of this subtitle may not be completed until 15 days after the later of:        (1)    the day the Department issues the notice required under subsection (a)(3) of this section of its decision to approve the sale or transfer; or        (2)    if an appeal is taken under subsection (c) of this section, the day the administrative law judge issues a decision to allow the sale or transfer.
MD. Human Services Code Ann. §  10-436 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-436 - Sale or Transfer of Assets

    (a)    This section does not apply to:        (1)    a transaction undertaken under a contractual obligation in effect on October 1, 1996;        (2)    a transaction made in the ordinary course of business of operating a facility;        (3)    a refund under a contract entered into in the ordinary course of business;        (4)    a transfer of cash, securities, or other investment property in connection with an ordinary investment transaction;        (5)    a grant of a mortgage, deed of trust, or security interest to an unrelated third party;        (6)    a transaction involving an easement, right-of-way, road widening, or similar conveyance for the benefit of a public body or a utility;        (7)    a transaction made for an expansion or renovation; or        (8)    any other sale, transfer, or other disposition exempted by the Department by regulation.    (b)    (1)    A provider that holds a preliminary, initial, or renewal certificate of registration may not sell, transfer, or otherwise dispose of more than 10% of its total assets in any 12-month period unless the Department approves the sale, transfer, or disposition in accordance with §§ 10-437 and 10-438 of this subtitle.        (2)    A provider may not sell, transfer, or otherwise dispose of assets equal to or less than 10% of its total assets if the sale, transfer, or disposition is likely, according to standards set by regulation, to have an unreasonably adverse effect on:            (i)    the financial stability of the provider; or            (ii)    the capacity of the provider to perform its obligations under its continuing care agreements.        (3)    Determinations of total assets shall be based on the provider’s latest certified financial statements available at the time the sale, transfer, or other disposition is made.
MD. Human Services Code Ann. §  10-437 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-437 - Sale or Transfer of Assets -- Notices to Department

    (a)    A provider subject to § 10-436(b)(1) of this subtitle shall:        (1)    at least 60 days before the sale, transfer, or other disposition, file with the Department a statement of intent to sell, transfer, or otherwise dispose of assets; and        (2)    at least 30 days before the sale, transfer, or other disposition, give written notice to the Department of the proposed sale, transfer, or other disposition of assets.    (b)    The statement of intent required to be filed with the Department under subsection (a)(1) of this section shall include:        (1)    identification of each asset to be sold, transferred, or otherwise disposed of;        (2)    if the provider is subject to § 10-436(b)(1) of this subtitle because of a series of sales, transfers, or other dispositions that have exceeded cumulatively 10% of its total assets, identification of each asset that has been sold, transferred, or disposed of; and        (3)    the reason for the sale, transfer, or other disposition identified in item (1) of this subsection.    (c)    The notice to the Department required under subsection (a)(2) of this section shall include:        (1)    a statement that demonstrates that the proposed sale, transfer, or other disposition is not likely to have an unreasonably adverse effect on:            (i)    the financial stability of the provider; or            (ii)    the capacity of the provider to perform its obligations under its continuing care agreements; and        (2)    any other information that the Department requires.
MD. Human Services Code Ann. §  10-438 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-438 - Sale or Transfer of Assets -- Approval by Department

    (a)    (1)    After reviewing the information required by § 10-437 of this subtitle, the Department shall determine whether the sale, transfer, or other disposition satisfies the standard for approval set forth in subsection (b) of this section.        (2)    The Department shall make its determination and notify the provider in writing within 25 days after the date of the notice required by § 10-437(a)(2) of this subtitle, unless extended by the Department for good cause.        (3)    If the Department does not approve the proposed sale, transfer, or other disposition, the Department shall include the reasons for its determination in the written notice to the provider.    (b)    The Department shall approve the sale, transfer, or other disposition of assets unless it determines that the sale, transfer, or disposition is likely to have an unreasonably adverse effect on:        (1)    the financial stability of the provider; or        (2)    the capacity of the provider to perform its obligations under its continuing care agreements.    (c)    (1)    By regulation, the Department shall adopt reasonable objective financial standards for a proposed sale, transfer, or other disposition of assets.        (2)    If the Department determines that the provider has met the objective financial standards, the Department shall approve the proposed sale, transfer, or other disposition of assets.        (3)    If the Department determines that the provider has not met the objective financial standards, the Department may approve a proposed sale, transfer, or other disposition of assets if it satisfies the requirements set forth in subsection (b) of this section.    (d)    (1)    In accordance with Title 10, Subtitle 2 of the State Government Article, the provider may appeal the Department’s decision on the proposed sale, transfer, or other disposition of assets.        (2)    A person other than the provider may not appeal the Department’s decision or be a party in interest to the proceedings.    (e)    A sale, transfer, or other disposition of assets subject to this part may not be completed until 5 days after the later of:        (1)    the day the Department issues the notice required under subsection (a)(2) of this section of its decision to approve the sale, transfer, or other disposition; or        (2)    if an appeal is taken under subsection (d) of this section, the day the administrative law judge issues a decision to allow the sale, transfer, or other disposition of assets.
MD. Human Services Code Ann. §  10-439 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-439 - Termination of or Failure to Renew Lease After Conversion

    A provider whose facility has been the subject of a conversion may not terminate or fail to renew a lease for an accommodation in order to enter into a continuing care agreement for that accommodation.
MD. Human Services Code Ann. §  10-440 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-440 - Removal of Records or Assets From State

    (a)    A provider may not remove a record or asset of the provider related to the operation of a facility or the provision of services under a continuing care agreement from the State unless the Department consents in writing.    (b)    Consent shall be based on the provider’s submission of satisfactory evidence that the removal:        (1)    will facilitate and make the operations of the provider more economical; and        (2)    will not diminish the service or protection to be given to the provider’s subscribers in the State.
MD. Human Services Code Ann. §  10-441 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-441 - Inspections

    (a)    The Department may:        (1)    inspect a facility that offers continuing care;        (2)    examine the facility’s books and records; and        (3)    audit or observe a service provided under a continuing care agreement.    (b)    If all or part of a facility is subject to licensure by the Maryland Department of Health, the Department shall coordinate its inspections under this section with the Maryland Department of Health to avoid duplication.
MD. Human Services Code Ann. §  10-443 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IV - Facilities and Assets|Section 10-443 - Provisions of Part Iv Are in Addition to Other Laws

    The provisions of Part IV of this subtitle are in addition to, and not in lieu of, other applicable laws.
MD. Human Services Code Ann. §  10-446 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part V - Continuing Care Agreements|Section 10-446 - Rescission of Agreement; Withdrawal of Application

    (a)    A subscriber may rescind a continuing care agreement for any reason before the date of occupancy by the subscriber.    (b)    (1)    A continuing care agreement is automatically canceled if, before the date of occupancy:            (i)    the subscriber dies;            (ii)    the provider determines that the subscriber is ineligible for admission to the facility; or            (iii)    the subscriber terminates the continuing care agreement because of a substantial change in the subscriber’s physical, mental, or financial condition.        (2)    Within 30 days after a continuing care agreement is canceled under this subsection, the subscriber or the subscriber’s legal representative shall receive a full refund of all money paid to the provider, less:            (i)    a processing fee approved by the Department; and            (ii)    any special additional costs incurred by the provider due to modifications in the structure or furnishings of the unit specifically requested by the subscriber, if:                1.    the costs do not exceed the costs of modification and the reasonable costs of restoration actually incurred by the provider; and                2.    the costs were set forth in writing in a separate addendum to the agreement signed by the subscriber.    (c)    (1)    If the subscriber rescinds the continuing care agreement within 90 days after entering into the agreement and before the date of occupancy for any reason other than the reasons specified in subsection (b)(1) of this section, the provider shall refund the amount described in subsection (b)(2) of this section to the subscriber or the subscriber’s legal representative within 30 days after the date of rescission.        (2)    If the subscriber rescinds the continuing care agreement more than 90 days after entering into the agreement and before the date of occupancy for any reason other than the reasons specified in subsection (b)(1) of this section, the provider may retain up to 25% of the subscriber’s entrance fee deposit.    (d)    (1)    A subscriber may rescind a continuing care agreement at any time if a term of the agreement violates this subtitle and the subscriber is injured by the violation.        (2)    The subscriber is entitled to treble damages for extensive injuries arising from a violation.    (e)    (1)    An applicant for admission to a facility who withdraws the application before executing a continuing care agreement shall receive a refund of all money paid to the provider except a processing fee approved by the Department.        (2)    The refund shall be paid within 60 days after the applicant withdraws the application.
MD. Human Services Code Ann. §  10-448 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part V - Continuing Care Agreements|Section 10-448 - Dismissal or Discharge of Subscriber Before Expiration of Agreement

    (a)    A continuing care agreement may not allow dismissal or discharge of the subscriber from the facility providing care before the agreement expires unless:        (1)    the provider has just cause for the dismissal or discharge; and        (2)    the provider gives the subscriber at least 60 days’ advance notice.    (b)    If a provider terminates a subscriber’s continuing care agreement for just cause, the provider shall pay the subscriber a refund calculated in accordance with subsection (c) of this section, within 60 days after the later of:        (1)    the date of dismissal or discharge; or        (2)    the date the subscriber vacates the unit.    (c)    (1)    The subscriber’s refund shall equal the entrance fee divided by the subscriber’s years of expected lifetime at admission, multiplied by the subscriber’s years of expected lifetime at dismissal or discharge.        (2)    A subscriber’s years of expected lifetime at admission and at dismissal or discharge shall be computed based on the appropriate tables most recently published by the U.S. Department of Health and Human Services at the time of dismissal or discharge.
MD. Human Services Code Ann. §  10-449 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part V - Continuing Care Agreements|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 terminate the agreement by giving a written termination notice to the provider.    (b)    If a continuing care agreement is terminated by the subscriber’s election or death within the first 90 days of occupancy, the provider shall pay any contractual entrance fee refund within 30 days after the earlier to occur of:        (1)    the recontracting of the subscriber’s unit by:            (i)    another subscriber for whom an entrance fee has been paid; or            (ii)    another party who is not a subscriber; or        (2)    the later to occur of:            (i)    the 90th day after the date the written termination notice is given or the date of death; or            (ii)    the day the independent living units at the facility have operated at 95% of capacity for the previous 6 months.    (c)    If a continuing care agreement is terminated by the subscriber’s election or death after the first 90 days of occupancy, the provider shall pay any contractual entrance fee refund within 60 days after the subscriber’s death or the effective date of termination, if on the date of death or at any time between the date the written termination notice is given and the effective date of termination:        (1)    the subscriber resides in a unit at a higher level of care than the level of care in which the subscriber resided on initially entering the facility; and        (2)    the last unit in which the subscriber resided at the initial level of care on entering the facility has been occupied by or reserved for another subscriber who has paid an entrance fee.    (d)    This section does not prohibit a provider from requiring that a subscriber’s unit be vacated before any contractual entrance fee refund is paid as a result of the subscriber’s election to terminate a continuing care agreement.
MD. Human Services Code Ann. §  10-450 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part V - Continuing Care Agreements|Section 10-450 - Waiver of Certain Provisions Prohibited

    An act, agreement, or statement by a subscriber or by an individual purchasing care for a subscriber under an agreement to furnish care to the subscriber is not a valid waiver of any provision of this subtitle intended for the benefit or protection of the subscriber or the individual purchasing care for the subscriber.
MD. Human Services Code Ann. §  10-453 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-453 - Scope of Part

    This part applies only to continuing care at home operations.