1092

LAWS OF MARYLAND

Ch. 269

(1)  THE DOCUMENTS REQUIRED HAVE BEEN FILED;

(2)  THE PROPOSED CONTINUING CARE CONTRACTS MEET
THE REQUIREMENTS OF THIS ACT;

(3)  NECESSARY FACILITIES FOR PROVIDING
CONTINUING CARE ARE IN EXISTENCE;

(4)  WHEN APPROPRIATE, THE FACILITIES HAVE BEEN
OTHERWISE LICENSED OR CERTIFIED BY THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE OR THE OFFICE ON AGING; AND

(5)  THE ADVERTISING MATERIALS AND CIRCULARS
FILED ARE UNTRUE, DECEPTIVE, MISLEADING, OR LIKELY TO
MISLEAD.

(E)  IF THE APPLICATION IS APPROVED, THE CERTIFICATE OF
REGISTRATION SHALL BE ISSUED AND THE PROVIDER MAY OFFER THE
CONTRACT TO THE PUBLIC. IF THE APPLICATION IS DISAPPROVED,
THE OFFICE SHALL SET FORTH ITS REASONS FOR DENIAL OF THE
APPLICATION IN WRITING.

(F)  IT SHALL BE THE RESPONSIBILITY OF THE OFFICE TO
MAKE THE INFORMATION PROVIDED PURSUANT TO THIS SECTION
AVAILABLE TO ALL INTERESTED PERSONS. THE OFFICE SHALL
PUBLICIZE THE AVAILABILITY OF THIS INFORMATION.

(G)  FEES COLLECTED BY A PROVIDER UNDER THE TERMS OF A
CONTINUING CARE AGREEMENT MAY NOT BE USED FOR PURPOSES OTHER
THAN THOSE SET FORTH IN THE AGREEMENT.

11.

(A)  ALL PROVIDERS LICENSED UNDER ARTICLES 43 OR 70B
WHO INTEND TO OFFER CONTINUING CARE AGREEMENTS AND WHO HAVE
NOT ACQUIRED THE NECESSARY FACILITIES FOR PROVIDING
CONTINUING CARE BY THE EFFECTIVE DATE OF THE RULES SHALL
FILE WITH THE OFFICE ON AGING A STATEMENT OF INTENT TO
PROVIDE CONTINUING CARE AND SHALL PROVIDE THE SAME
INFORMATION AS REQUIRED UNDER § 10 FOR APPLICATION OF A
CERTIFICATE OF REGISTRATION.

(B)  PROVIDERS ALL PROVIDERS, INCLUDING THOSE IN
SUBSECTION (A) OF THIS SECTION, SHALL ALSO FILE A
FEASIBILITY STUDY, IN A FORM SATISFACTORY TO THE OFFICE ON
AGING. THE FEASIBILITY STUDY SHALL INCLUDE AT LEAST THE
FOLLOWING INFORMATION:

(1)  A STATEMENT OF THE PURPOSE AND NEED FOR THE
PROJECT AND THE REASONS FOR THE PROPOSED CONSTRUCTION,
EXPANSION, OR RENOVATION;

(2)  A STATEMENT OF FINANCIAL RESOURCES OF THE
PROVIDERS;

(3)  A STATEMENT OF THE CAPITAL EXPENDITURES
NECESSARY TO ACCOMPLISH THE PROJECT; AND