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1096 LAWS OF MARYLAND Ch. 269
A VALID WAIVER OF ANY PROVISIONS OF THIS SUBTITLE INTENDED
FOR THE BENEFIT OR PROTECTION OF THE SUBSCRIBER OR THE
INDIVIDUAL PURCHASING CARE FOR THE SUBSCRIBER.
17.
THE OFFICE ON AGING MAY INSPECT ANY FACILITY OFFERING
CONTINUING CARE, EXAMINE ITS BOOKS AND RECORDS, AND AUDIT OR
OBSERVE ANY SERVICE RENDERED PURSUANT TO AN AGREEMENT.
18.
(A) NO PERSON, ASSOCIATION, OR CORPORATION MAY
MAINTAIN OR OPERATE A FACILITY OFFERING CONTINUING CARE
WITHOUT HAVING OBTAINED A CERTIFICATE OF REGISTRATION.
(B) NO PERSON, ASSOCIATION, OR CORPORATION MAY
DISSEMINATE PROHIBITED ADVERTISING OR CIRCULARS OR PROVIDE
FALSE REGISTRATION INFORMATION TO THE OFFICE.
(C) ANY PERSON, ASSOCIATION, OR CORPORATION THAT
VIOLATES ANY PROVISION OF THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR PUNISHABLE BY IMPRISONMENT NOT EXCEEDING 6
MONTHS OR A FINE OF NOT MORE THAN $1,000 OR BOTH. EACH
VIOLATION OF THIS SUBTITLE SHALL CONSTITUTE A SEPARATE
OFFENSE.
19.
ANY SUBSCRIBER INJURED BY A VIOLATION OF THIS SUBTITLE
MAY BRING AN ACTION FOR THE RECOVERY OF DAMAGES IN ANY COURT
OF GENERAL JURISDICTION. IN SUCH CASES THE COURT MAY AWARD
REASONABLE ATTORNEY'S FEES TO A SUBSCRIBER IN WHOSE FAVOR A
JUDGMENT IS RENDERED.
20.
(A) ANY SUBSCRIBER INJURED BY A VIOLATION OF THIS
SUBTITLE, OR THE OFFICE ON BEHALF OF ANY SUBSCRIBER, MAY
INSTITUTE AN ACTION FOR AN APPROPRIATE TEMPORARY RESTRAINING
ORDER OR INJUNCTION. ANY INJURED SUBSCRIBER, OR THE OFFICE
ON BEHALF OF ANY INJURED SUBSCRIBER, MAY PETITION FOR THE
APPOINTMENT OF A RECEIVER:
(1) IN THE EVENT OF A THREAT OF IMMEDIATE
CLOSURE OF A FACILITY;
(2) IF THE PROVIDER IS NOT HONORING ITS
CONTRACTS WITH ITS SUBSCRIBERS; OR
(3) TO PROHIBIT THE DIVERSION OF ITS ASSETS AND
RECORDS FROM THE FACILITY OR THE STATE.
(B) THE RECEIVER SHALL HAVE SUCH POWER TO
REHABILITATE, CONSERVE, OR LIQUIDATE AS IS CONFERRED BY THE
ORDER OF APPOINTMENT AND BY THE PROVISIONS OF ARTICLE 48A,
§§ 132 THROUGH 164A RELATING TO REHABILITATION AND
LIQUIDATION OF INSURANCE COMPANIES.
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