HARRY HUGHES, Governor

1095

(16) SPECIFY THE CIRCUMSTANCES, IF ANY, UNDER
WHICH THE SUBSCRIBER WILL BE REQUIRED TO APPLY FOR MEDICAID,
MEDICARE, PUBLIC ASSISTANCE, OR ANY PUBLIC BENEFIT PROGRAM.

(B)  THIS SECTION SHALL NOT APPLY TO ANY CONTINUING
CARE AGREEMENTS ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF
THIS ACT.

(C)  ANY AGREEMENT SUBMITTED TO THE OFFICE PURSUANT TO
§ 10 WHICH DOES NOT CONTAIN THE ABOVE DISCLOSURES SHALL BE
RETURNED TO THE FACILITY FOR AMENDMENT. NO CERTIFICATE OF
REGISTRATION SHALL BE ISSUED BY THE OFFICE UNLESS AND UNTIL
THE AGREEMENT MEETS THE REQUIREMENTS OF THIS SECTION.

14.

(A)  A SUBSCRIBER SHALL HAVE THE RIGHT TO RESCIND A
CONTINUING CARE AGREEMENT FOR ANY REASON PRIOR TO THE DATE
OF OCCUPANCY BY THE SAID SUBSCRIBER.

(B)  IN THE EVENT A SUBSCRIBER DIES OR RESCINDS THE
CONTINUING CARE AGREEMENT FOR ANY REASON PRIOR TO OCCUPYING
HIS UNIT, THE AGREEMENT IS AUTOMATICALLY CANCELED AND THE
SUBSCRIBER OR HIS LEGAL REPRESENTATIVE SHALL RECEIVE A FULL
REFUND OF ALL MONEYS PAID TO THE FACILITY EXCEPT THOSE COSTS
SPECIFICALLY INCURRED BY THE FACILITY AT THE REQUEST OF THE
SUBSCRIBER AND SET FORTH IN WRITING IN A SEPARATE ADDENDUM
TO THE AGREEMENT AND SIGNED BY BOTH PARTIES THE SUBSCRIBER.

15.

NO AGREEMENT FOR CARE SHALL PERMIT DISMISSAL OR
DISCHARGE OF THE SUBSCRIBER FROM THE FACILITY PROVIDING CARE
PRIOR TO THE EXPIRATION OF THE AGREEMENT WITHOUT JUST CAUSE
FOR SUCH A REMOVAL AND WITHOUT PROVIDING ADVANCE NOTICE OF
AT LEAST 60 DAYS. IF A FACILITY TERMINATES A SUBSCRIBER FOR
JUST CAUSE, THE FACILITY SHALL PAY TO THE SUBSCRIBER A
REFUND BASED ON ACTUARIAL TABLES AND INTEREST RATES AS SET
FORTH BY RULE AND REGULATION. EQUAL TO THE ENTRANCE FEE
DIVIDED BY THE SUBSCRIBER'S YEARS OF EXPECTED LIFETIME AT
ADMISSION MULTIPLIED BY THE SUBSCRIBER'S YEARS OF EXPECTED
LIFETIME AT DISCHARGE OR DISMISSAL. YEARS OF EXPECTED
LIFETIME SHALL BE COMPUTED FOR BOTH PURPOSES ON THE BASIS OF
THE LIFE TABLES MOST RECENTLY PUBLISHED BY THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES AT THE TIME OF
DISCHARGE OR DISMISSAL.

16.

NO ACT, AGREEMENT, OR STATEMENT OF ANY SUBSCRIBER OR AN
INDIVIDUAL PURCHASING CARE FOR A SUBSCRIBER UNDER ANY
AGREEMENT BENEFIT OR PROTECTION OF THE SUBSCRIBER OF THE
INDIVIDUAL PURCHASING CARE FOR THE SUBSCRIBER.

NO ACT, AGREEMENT, OR STATEMENT OF ANY SUBSCRIBER OR BY
AN INDIVIDUAL PURCHASING CARE FOR A SUBSCRIBER UNDER ANY

AGREEMENT TO FURNISH CARE TO THE SUBSCRIBER SHALL CONSTITUTE