reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-305 - Meetings

(a)    The Interagency Committee shall meet at least quarterly.
(b)    The chair shall designate at least one meeting each year as an executive meeting.
(c)    A member of the Interagency Committee may send a designee to represent the member at any meeting that is not an executive meeting.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-306 - Duties

(a)    (1)    The Interagency Committee shall develop and update annually a plan for providing coordinated health services, social services, transportation, housing, and employment services to seniors in the State consistent with the priorities that the Department establishes.
(2)    If the members of the Interagency Committee cannot agree on a plan, the chair shall refer the matter to the Governor for resolution.
(b)    The Interagency Committee shall establish interagency agreements and adopt regulations to:
(1)    implement and coordinate services to seniors consistent with the plan developed under subsection (a) of this section;
(2)    maximize the sharing of resources among units of State government for services to seniors;
(3)    consolidate planning and evaluation efforts at the State and local levels; and
(4)    coordinate and expedite the delivery of services to seniors by providing technical assistance to local agencies.
(c)    (1)    The Interagency Committee shall assist county agencies to establish local interagency committees composed of:
(i)    the directors of the local health department, local department of social services, and area agency; and
(ii)    officials from housing, transportation, mental health, employment, and economic development agencies.
(2)    Local interagency committees shall coordinate and expedite the delivery of services to seniors at the local level.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-307 - Single Point of Entry Program

(a)    (1)    The Interagency Committee shall establish and coordinate a program to provide single points of entry within each planning and service area.
(2)    The Department shall supervise the program for the Interagency Committee.
(b)    Each area agency shall operate a single point of entry program to assess the needs of seniors and their caregivers and provide appropriate services.
(c)    The following services shall be provided through a single point of entry:
(1)    providing current information on available programs, services, or benefits;
(2)    determining the service needs of each senior who requests service;
(3)    processing requests for service from seniors;
(4)    through widely publicized local outreach facilities and communications systems, providing access to available public and private programs and services for seniors, including:
(i)    transportation services;
(ii)    health and nutrition services;
(iii)    financial assistance;
(iv)    social services;
(v)    educational services;
(vi)    services available through volunteer organizations or private agencies;
(vii)    appropriate housing arrangements;
(viii)    health insurance counseling;
(ix)    employment and volunteer opportunities;
(x)    respite care services; and
(xi)    other programs, information, counseling, or benefits for seniors;
(5)    monitoring the outcome of requests for service or information; and
(6)    arranging with other agencies for individual assessment to determine the service needs of a frail or health-impaired senior.
(d)    To the extent possible, each single point of entry shall be:
(1)    located in a senior citizen center; and
(2)    available for access at least 5 days a week.
(e)    Local interagency committees on services to seniors shall make agreements among themselves and with other agencies to provide staff on a regular basis at the single points of entry to:
(1)    provide information and services to seniors; and
(2)    administer agency programs.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-309 - Services for Frail or Health-Impaired Seniors

(a)    (1)    The Interagency Committee shall:
(i)    develop a system to provide services to frail or health-impaired seniors at risk of institutionalization; and
(ii)    coordinate the system among the agencies represented on the Interagency Committee.
(2)    The Department shall administer the system for the Interagency Committee.
(b)    The services shall include:
(1)    integrated screening and evaluation;
(2)    development of an individual plan of care;
(3)    in-home services such as minor home repair, shopping assistance, homemaking, personal care, meal delivery or preparation, supportive services to group or shared living arrangements, transportation services, and health services; and
(4)    community services such as day care, congregate meals, and other programs to assist seniors or adult caregivers in providing care for seniors.
(c)    To be eligible to participate in the system, a county or counties shall establish a community-based plan that:
(1)    is developed by a local or regional committee composed of:
(i)    the directors of the local health department, local department of social services, and area agency; and
(ii)    officials of other relevant agencies, such as local housing, transportation, employment, and economic development officials;
(2)    is consistent with the plan developed under § 10-306(a) of this subtitle;
(3)    specifies administrative arrangements to evaluate and develop care plans for frail or health-impaired seniors;
(4)    encourages further coordination of service delivery;
(5)    fosters individual contributions for services provided;
(6)    fosters the development of innovative service delivery;
(7)    fosters the development of services in conjunction with the private sector; and
(8)    fosters community involvement through the use of volunteers.
(d)    The Interagency Committee, through the Department, shall work with local health departments, local departments of social services, area agencies, and local housing, transportation, economic development, and employment development officials to develop:
(1)    a system to designate case managers to secure and manage necessary services for each frail or health-impaired senior in need; and
(2)    guidelines to establish local or regional committees to coordinate the services system to implement this section.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-310 - Annual Report

Subject to § 2-1257 of the State Government Article, the Interagency Committee shall present a report before each legislative session to the General Assembly on:
(1)    the plan developed under § 10-306(a) of this subtitle;
(2)    the activities of the Interagency Committee; and
(3)    the status of services to seniors in the State.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part I - Definitions; General Provisions › Section 10-402 - Application of Subtitle and Other Laws

(a)    (1)    A continuing care at home provider is subject to each provision of this subtitle except Part II and §§ 10–446 and 10–448.
(2)    A continuing care in a retirement community provider is subject to each provision of this subtitle except Part VI.
(b)    (1)    A continuing care operation that is subject to the provisions of this subtitle is not subject to:
(i)    the Maryland Health Maintenance Organization Act under  Title 19, Subtitle 7 of the Health – General Article;
(ii)    except for § 15–603 of the Insurance Article, the Insurance  Article;
(iii)    Title 8 of the Real Property Article;
(iv)    any county or municipal landlord–tenant law; or
(v)    § 19–310.1 of the Health – General Article.
(2)    If a provider contractually utilizes the services of a licensed home health agency or residential service agency and is not itself directly providing the type of services provided by a home health agency or residential service agency, the provider is not subject to Title 19, Subtitles 4 and 4A of the Health – General Article.
(3)    Except as provided in paragraphs (1) and (2) of this subsection, a continuing care at home provider is subject to all other applicable licensing or certification requirements of State law.
(c)    This subtitle does not apply to an agreement that is regulated as insurance under the Insurance Article.
(d)    A provider that offers assisted living program services as part of a continuum of care in accordance with a continuing care agreement may:
(1)    execute a separate assisted living resident agreement and a separate assisted living disclosure statement; or
(2)    meet the requirements of §§ 10–425(c) and 10–444(e) of this subtitle.
(e)    The liability of a provider to the Maryland Department of Health under § 15–603 of the Insurance Article shall be limited to the amount of the refund that would be due to the subscriber if the subscriber were dismissed under § 10–448 of this subtitle at the time of enrollment in services provided by or paid wholly or partly by the Maryland Department of Health.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part I - Definitions; General Provisions › Section 10-403 - Duties of Department

(a)    The Department shall:
(1)    administer this subtitle;
(2)    prepare and furnish all forms necessary or desirable under this subtitle;
(3)    establish and collect reasonable filing fees to carry out this subtitle;
(4)    adopt regulations necessary to enforce this subtitle; and
(5)    prepare and distribute relevant public information and educational materials designed to advise individuals, institutions, and organizations of their rights and responsibilities under this subtitle.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Department shall make available to interested persons any information required to be provided to the Department under this subtitle and publicize the availability of the information.
(2)    (i)    A feasibility study filed under § 10-408 of this subtitle may not be disclosed until the Department issues an initial certificate of registration for the project.
(ii)    Information required to be provided under § 10-434(b)(2) of this subtitle shall be disclosed only to the extent required under the Public Information Act.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part I - Definitions; General Provisions › Section 10-405 - Continuing Care Fund

(a)    In this section, “Fund” means the Continuing Care Fund.
(b)    There is a Continuing Care Fund.
(c)    The purpose of the Fund is to defray the costs of administering this subtitle.
(d)    The Department of Aging shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    all fees collected under this subtitle;
(2)    money appropriated in the State budget to the Fund;
(3)    investment earnings of the Fund; and
(4)    any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only for the purposes specified in this subtitle.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund shall be paid into the Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Money expended from the Fund for administering this subtitle is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for administering this subtitle.
2023 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 10-408 - General Requirements

(a)    A provider shall comply with the applicable provisions of §§ 10-409 through 10-415 of this subtitle before the provider may:
(1)    offer continuing care in a retirement community;
(2)    enter into or renew continuing care agreements;
(3)    begin construction of a new facility;
(4)    begin construction of an expansion to or renovation of an existing facility; or
(5)    collect deposits for continuing care in this State.
(b)    (1)    A new capital addition to a facility that will result in the construction of a number of independent and assisted living units that is greater than 25% of the number of existing units is considered new development and is subject to §§ 10-409 through 10-411 of this subtitle.
(2)    A new capital addition to a facility that does not involve the construction of independent or assisted living units and that does not meet the standard of § 10-401(l)(1)(ii) of this subtitle is not subject to review by the Department under §§ 10-409 through 10-415 of this subtitle.
(3)    A capital improvement or replacement that does not meet the standard of § 10-401(w) of this subtitle is not subject to review by the Department under §§ 10-409 through 10-415 of this subtitle.
(c)    A provider that has more than one facility offering continuing care shall make a separate application for each facility for preliminary, initial, and renewal certificates of registration.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.”.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.