reglab/housing_qa huggingface dataset:
MD. Human Services Code Ann. §  10-454 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-454 - Regulations

    (a)    The Department shall adopt regulations that:        (1)    set standards for continuing care at home providers; and        (2)    provide for the certification of continuing care at home providers and the annual renewal of certificates of registration.    (b)    In addition to the provisions required under subsection (a) of this section, the regulations adopted by the Department shall, at a minimum:        (1)    provide for and encourage the establishment of continuing care at home programs;        (2)    for an individual who is employed by or under contract with a continuing care at home provider and who will enter a subscriber’s home to provide continuing care at home services:            (i)    set minimum requirements;            (ii)    require a criminal history records check, if the individual will have routine, direct access to a subscriber; and            (iii)    require the provider to screen and verify the individual’s character references;        (3)    establish standards for the renewal of certificates of registration;        (4)    establish standards for entrance fees, deposits, and the number of executed agreements necessary to begin operations;        (5)    establish conditions for the release of deposits and entrance fees from escrow accounts;        (6)    establish standards for when and how a subscriber or provider may rescind a continuing care at home agreement before continuing care at home services are provided to the subscriber;        (7)    allow a subscriber to rescind a continuing care at home agreement at any time if the terms of the agreement violate this subtitle; and        (8)    establish that a provider may terminate an agreement or discharge a subscriber only for just cause and establish procedures to carry out the termination or discharge.
MD. Human Services Code Ann. §  10-455 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-455 - Feasibility Study

    (a)    A provider may not collect deposits to provide continuing care at home services until the Department approves a feasibility study.    (b)    A provider that intends to develop a continuing care at home program and provide continuing care at home services shall file a statement of intent with the Department at least 30 days before submitting the feasibility study required under this section.    (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 program and the need for the proposed services;            (ii)    documentation of the financial resources of the provider;            (iii)    a plan demonstrating the financial feasibility of the proposed program, including future funding sources;            (iv)    an actuarial forecast that has been reviewed by a qualified actuary;            (v)    a study demonstrating the proposed market for the program;            (vi)    the form and substance of any proposed advertisements, advertising campaigns, or other promotional materials for the program that is available at the time of filing;            (vii)    a detailed statement of the covered services; and            (viii)    any other information that the Department requires.    (d)    The Department shall approve a feasibility study filed under this section if the Department determines that:        (1)    the proposed use of new or existing health facilities is not inconsistent with the State health plan;        (2)    a reasonable financial plan has been developed to provide continuing care at home services, including the number of agreements to be executed before beginning operations and the criteria to release funds from escrow;        (3)    a market for the continuing care at home program appears to exist;        (4)    the feasibility study was prepared by a recognized authority;        (5)    the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program;        (6)    the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead;        (7)    the actuarial forecast supports the market for the program;        (8)    the approved escrow agreement and deposit agreement state the conditions for the release of deposits and entrance fees from escrow;        (9)    a copy of the escrow agreement executed by the provider and the financial institution has been filed with the Department; and        (10)    any other information requested by the Department has been submitted and approved.
MD. Human Services Code Ann. §  10-456 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-456 - Deposits

    (a)    A provider may collect deposits from prospective subscribers if:        (1)    the Department has approved the provider’s feasibility study; and        (2)    the provider maintains the funds collected in an escrow account.    (b)    Deposits collected under subsection (a) of this section shall be held in escrow until:        (1)    the provider has been issued a certificate of registration under § 10-458 of this subtitle; or        (2)    a later time that the Department may set by regulation.
MD. Human Services Code Ann. §  10-457 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-457 - Preliminary Certificate of Registration

    (a)    A provider may not enter into an agreement to provide continuing care at home services until the Department issues a preliminary certificate of registration to the provider.    (b)    An application for a preliminary certificate of registration shall:        (1)    be filed in a form satisfactory to the Department; and        (2)    include at least the following information:            (i)    a copy of the proposed continuing care at home agreement, which shall include the following statement set forth in print no smaller than the largest type used in the body of the agreement:    “A certificate of registration is not an endorsement or guarantee of this continuing care at home provider by the State of Maryland. The Maryland Department of Aging urges you to consult an attorney and a suitable financial advisor before signing any documents.”;            (ii)    the form and substance of any proposed advertisements, advertising campaigns, or other promotional materials for the program that is available at the time of filing the application and that has not been filed previously with the Department; and            (iii)    any other information that the Department requires.    (c)    The Department shall issue a preliminary certificate of registration to a provider if the Department determines that:        (1)    the proposed continuing care at home agreement is satisfactory;        (2)    the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program;        (3)    the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead;        (4)    the information and documents submitted with the feasibility study under § 10–455 of this subtitle are current and accurate or have been updated to make them accurate; and        (5)    the provider has submitted any other information that the Department requests.
MD. Human Services Code Ann. §  10-458 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-458 - Certificate of Registration

    (a)    A provider may not provide continuing care at home services until the Department issues a certificate of registration to the provider.    (b)    An application for a certificate of registration shall:        (1)    be filed in a form satisfactory to the Department; and        (2)    include at least the following information:            (i)    verification that the required number of agreements has been executed and the corresponding deposits collected;            (ii)    the form and substance of any proposed advertisements, advertising campaigns, or other promotional materials for the program that are available at the time of filing and that have not been filed previously with the Department;            (iii)    verification that any other license or certificate required by other appropriate State units has been issued to the provider; and            (iv)    any other information that the Department requires.    (c)    The Department shall issue a certificate of registration to a provider if the Department determines that:        (1)    the information and documents submitted with the feasibility study and application for a preliminary certificate of registration are current and accurate or have been updated to make them accurate;        (2)    the required number of agreements has been executed and the corresponding deposits collected;        (3)    any other license or certificate required by other appropriate State units has been issued to the provider;        (4)    the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program;        (5)    the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead; and        (6)    the provider has submitted any other information that the Department required.    (d)    If a provider intends to advertise before the Department issues a certificate of registration under subsection (c) of this section, the provider shall submit to the Department any advertisement, advertising campaign, or other promotional materials before using it.    (e)    If a certificate of registration is not issued to a provider within 24 months after the Department approves a feasibility study, or a longer time allowed by the Department for good cause shown, the provider shall refund all deposits collected and stop offering continuing care at home services under that application.
MD. Human Services Code Ann. §  10-459 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-459 - 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 with the Department.        (2)    An application shall:            (i)    be filed in a form satisfactory to the Department; and            (ii)    contain any reasonable and pertinent information that the Department requires.    (b)    The Department shall issue a renewal certificate of registration if the Department determines that:        (1)    all required documents have been filed and are satisfactory;        (2)    any revised agreements for continuing care at home services meet the Department’s requirements;        (3)    the proposed use of new or existing health facilities is not inconsistent with the State health plan;        (4)    the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program; and        (5)    the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead.
MD. Human Services Code Ann. §  10-460 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VI - Continuing Care at Home|Section 10-460 - 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. §  10-463 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-463 - "Committee" Defined

    In this part, “Committee” means the Financial Review Committee established in § 10-464 of this subtitle.
MD. Human Services Code Ann. §  10-464 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-464 - Financial Review Committee

    There is a Financial Review Committee in the Department.
MD. Human Services Code Ann. §  10-465 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-465 - Membership

    (a)    (1)    The Committee consists of seven members appointed by the Secretary.        (2)    Of the seven members:            (i)    two shall be knowledgeable in the field of continuing care;            (ii)    two shall be certified public accountants;            (iii)    one shall be from the financial community; and            (iv)    two shall be consumer members.        (3)    In appointing the consumer members, the Secretary shall give a preference to subscribers of continuing care facilities.    (b)    (1)    The term of a member is 3 years.        (2)    The terms of members are staggered as required by the terms provided for members on October 1, 2007.        (3)    A member may serve consecutive terms.    (c)    The Committee shall elect its chair.    (d)    A member:        (1)    may not receive compensation as a member of the Committee; but        (2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.    (e)    A member is immune from civil liability as provided in § 5-514 of the Courts Article.    (f)    A member may not participate in a review of a provider’s financial condition if that member has an interest, as defined under the Maryland Public Ethics Law in § 5–101 of the General Provisions Article, in the provider.    (g)    The deliberations of the Committee and communications between the Department and the Committee, including recommendations of the Committee, shall be confidential.
MD. Human Services Code Ann. §  10-466 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-466 - Referrals to Committee

    (a)    (1)    The Department may refer to the Committee for its consideration:            (i)    a provider’s application for a renewal certificate of registration after review by the Department; or            (ii)    a finding of possible financial difficulty, at any time.        (2)    The Department shall provide to the Committee any materials the Department considers necessary.    (b)    (1)    The Committee shall review the referral from the Department and may request additional information from the Department.        (2)    Except as provided in subsection (c) of this section, within 45 days after receipt of a referral, the Committee shall notify the Department in writing whether the Committee recommends that the Department:            (i)    find the provider in financial difficulty; and            (ii)    find that the financial difficulty, if any, includes a significant risk of financial failure in accordance with § 10-469 of this subtitle.        (3)    In making a recommendation to the Department, the Committee shall state the reason for the recommendation.    (c)    (1)    The Committee may request from the Secretary one 30-day extension of the deadline under subsection (b)(2) of this section.        (2)    The Secretary may grant or deny the extension.
MD. Human Services Code Ann. §  10-467 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-467 - Final Determination of Financial Difficulty

    (a)    Within 25 days after receipt of the Committee’s recommendations, the Department shall consider the recommendations and make a final determination of whether financial difficulty exists and, if so, whether there is a significant risk of financial failure in accordance with § 10-469 of this subtitle.    (b)    If the Department determines that the provider is in financial difficulty it shall immediately notify the provider by certified mail, return receipt requested, and inform the provider whether the Department has determined that there is a significant risk of financial failure.    (c)    The provider shall:        (1)    advise its subscribers of the Department’s determination in a meeting to be held by the provider with representatives of the subscribers;        (2)    hold the meeting within 10 days after the provider’s receipt of notice from the Department; and        (3)    advise the Department of the date, time, and location of the meeting.
MD. Human Services Code Ann. §  10-468 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-468 - Financial Plan

    (a)    (1)    A provider notified of financial difficulty by the Department shall prepare and submit to the Department for its approval a 5-year financial plan to correct the causes of the financial difficulty.        (2)    The financial plan shall be submitted within 60 days after receipt of notification.        (3)    The provider may request one 30-day extension from the Secretary.        (4)    The Secretary may grant or deny the extension.    (b)    (1)    The Department shall respond to the provider within 60 days after receipt of the proposed financial plan.        (2)    The Department may:            (i)    work with the provider to establish the financial plan; and            (ii)    consult with the Committee before approving the financial plan.    (c)    (1)    On approval, the financial plan shall be implemented.        (2)    The provider shall make available to its subscribers copies of its approved financial plan.    (d)    The provider shall:        (1)    submit to the Department an annual progress report for the term of its financial plan; and        (2)    revise its financial plan if the Department determines that revisions are necessary.    (e)    The Department may withhold the renewal certificate of registration or withdraw a preliminary, initial, or renewal certificate of registration if:        (1)    the provider does not prepare a financial plan;        (2)    the provider is unwilling or unable to prepare a financial plan;        (3)    the financial plan is inadequate to correct the current or impending financial condition that necessitated the financial plan; or        (4)    the provider fails to implement the financial plan.
MD. Human Services Code Ann. §  10-469 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VII - Financial Review|Section 10-469 - Determination of Risk of Financial Failure

    The Department may determine that there exists a significant risk of the financial failure of a provider based on one or more of the following findings or circumstances:         (1)    the provider has failed to meet loan covenants that give a lender or a bond trustee the option to exercise remedies on its collateral;        (2)    an actuarial report has been provided to the Department reflecting significant underfunding of future liabilities that are unlikely to be readily addressed;        (3)    there is a significant shortfall by the provider in maintaining required reserves for a significant period of time;        (4)    a significant balloon payment or future loan payment will become due within the next 12 months and the provider is unable to demonstrate that it will obtain a modification from its lender, have the resources to make the payment, or have the ability to refinance;        (5)    there has been a significant decline in the occupancy rate that is likely to have a material adverse financial impact on the provider;        (6)    there has been a material adverse change in debt service coverage ratio for an extended period of time that reduces the ratio to less than 1.0;        (7)    there has been a significant decline in days cash on hand that is unrelated to additions to property, plant, and equipment or other community enhancements and that could result in an inability to pay obligations of the provider as they become due;        (8)    there has been a significant increase in the operating ratio, adjusted for unrealized gains and losses on investments, that could result in the inability of the provider to meet its obligations; or        (9)    the refusal or inability of the provider to provide accurate information or data required to be submitted to the Department under this subtitle and related regulations.
MD. Human Services Code Ann. §  10-472 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-472 - Definitions

    (a)    In this part the following words have the meanings indicated.    (b)    “Creditor” means a person with a claim against a provider.    (c)    “Delinquency proceeding” means a proceeding under this subtitle to liquidate, rehabilitate, reorganize, or conserve a provider.    (d)    “General assets” means:        (1)    all property that is not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or a limited class of persons;        (2)    to the extent that property of a provider is specifically encumbered, the amount of the property or its proceeds that exceeds the amount necessary to discharge the encumbrance; and        (3)    assets held in trust and assets held on deposit for the security or benefit of all subscribers and creditors in the United States.    (e)    “Receiver” includes a conservator, rehabilitator, and liquidator.    (f)    (1)    “Secured claim” means a claim that:            (i)    is secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise; or            (ii)    has become a lien on specific assets through judicial process.        (2)    “Secured claim” does not include a special deposit claim or a claim against general assets.    (g)    (1)    “Special deposit claim” means a claim secured by a deposit required by law for the security or benefit of a limited class of persons.        (2)    “Special deposit claim” does not include a claim against general assets.    (h)    “Transfer” means:        (1)    the sale or other direct or indirect disposition of property or an interest in property;        (2)    the fixing of a lien on property or an interest in property; or        (3)    the retention of a security title to property delivered to a debtor.
MD. Human Services Code Ann. §  10-473 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-473 - Exclusiveness of Remedy

    Notwithstanding any other provision of law and subject to § 10-493 of this subtitle, a delinquency proceeding is the exclusive method of liquidating, rehabilitating, reorganizing, or conserving a provider.