HARRY HUGHES, Governor

1089

(A)  "OFFICE" MEANS STATE OFFICE ON AGING.

(B)  "CONTINUING CARE" MEANS FURNISHING, FOR MONEY    OR
OTHER CONSIDERATION, CARE AND SHELTER TO AN INDIVIDUAL  60
YEARS OF AGE OR OLDER NOT RELATED BY CONSANGUINITY    OR
AFFINITY TO THE PROVIDER UNDER AN AGREEMENT WHICH:

(1) REQUIRES 3 12 OR MORE MONTHS' CARE TO BE  PAID
FOR IN ADVANCE OR AT ONE TIME, OR THE PAYMENT OF A SUM  THAT
REPRESENTS THE ESTIMATED VALUE OF 3 12 OR MORE MONTHS'     CARE
NOTWITHSTANDING PERIODIC CHARGES, OR CHARGES;

(2)  PROVIDES FOR EXTENDED CARE OVER A PERIOD OF
1 YEAR OR MORE; OR

(3)  PROVIDES FOR CARE FOR THE LIFETIME OF THE
SUBSCRIBER.

(C)  "FACILITY" MEANS A PHYSICAL PLANT IN WHICH
CONTINUING CARE OR LIFE CARE IS PROVIDED IN ACCORDANCE WITH
THIS ACT.

(D)  "PROVIDER" MEANS THE OWNER OR OPERATOR, WHETHER A
NATURAL PERSON, PARTNERSHIP, UNINCORPORATED ASSOCIATION,
HOWEVER ORGANIZED, TRUST, OR CORPORATION, OF AN INSTITUTION,
BUILDING, RESIDENCE, OR OTHER PLACE, WHETHER OPERATED FOR
PROFIT OR NOT, WHICH OWNER OR OPERATOR UNDERTAKES TO PROVIDE
CONTINUING CARE FOR A FIXED OR VARIABLE FEE OR FOR ANY OTHER
CONSIDERATION, WHETHER FIXED OR VARIABLE, FOR THE PERIOD OF
CARE, PAYABLE IN A LUMP SUM, LUMP-SUM AND MONTHLY
MAINTENANCE CHARGES, OR IN INSTALLMENTS.

(E)  "SUBSCRIBER" MEANS A PURCHASER OF, OR NOMINEE OF,
A CONTINUING CARE AGREEMENT.

(F)  "ENTRANCE FEE" MEANS AN INITIAL OR DEFERRED
PAYMENT OF A SUM OF MONEY OR ANY OTHER CONSIDERATION WHICH
ASSURES A SUBSCRIBER A PLACE IN A FACILITY FOR A TERM OF
YEARS OR FOR LIFE. AN ACCOMMODATION FEE, ADMISSION FEE, OR
OTHER FEE OF SIMILAR FORM AND APPLICATION SHALL BE
CONSIDERED TO BE AN ENTRANCE FEE.

(G)  "RECORDS" MEANS THE FINANCIAL INFORMATION AND
PERSONNEL DATA MAINTAINED BY THE PROVIDER FOR THE PROPER
OPERATION OF THE FACILITY PURSUANT TO THIS SUBTITLE.

(H) "FISCAL YEAR" MEANS THE FISCAL YEAR OF THE
PROVIDER.

8.

THE ADMINISTRATION OF THIS ACT IS VESTED IN THE STATE
OFFICE ON AGING, WHICH SHALL:

(1) PREPARE AND FURNISH ALL FORMS NECESSARY OR
DESIRABLE UNDER THE PROVISIONS OF THIS ACT;