HARRY HUGHES, Governor 1105
PROCESS, WHICH SATISFIES THE COURT THAT REASONABLE EFFORTS
TO LOCATE THE OWNER HAVE BEEN MADE IN GOOD FAITH, THE COURT
SHALL ORDER SERVICE OF PROCESS BY POSTING IN A CONSPICUOUS
PLACE INSIDE OR ON THE FRONT DOOR OF THE NURSING HOME.
(4) A HEARING ON THE PETITION MAY NOT BE HELD
LATER THAN 5 DAYS AFTER SERVICE OF PROCESS IS MADE UNLESS
THE OWNER CONSENTS TO A LATER DATE.
(E) (1) A RECEIVER APPOINTED BY THE COURT HAS THE SAME
POWERS AS A RECEIVER OF A CORPORATION AS SET FORTH IN THE
CORPORATIONS AND ASSOCIATIONS ARTICLE, § 3-414 OF THE CODE,
EXCEPT AS SPECIFICALLY LIMITED IN THIS SECTION. THE
RECEIVER SHALL EXERCISE THE POWERS TO REMEDY THE CONDITIONS
WHICH CONSTITUTED THE GROUNDS FOR THE IMPOSITION OF THE
RECEIVERSHIP, ASSURE ADEQUATE CARE TO THE RESIDENTS, AND
PRESERVE THE ASSETS AND PROPERTY OF THE OWNER. THESE POWERS
SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE AUTHORITY TO
UTILIZE PRIVATE AND THIRD PARTY REIMBURSEMENTS, INCLUDING
THAT RECEIVED FROM MEDICARE AND MEDICAID PROGRAMS. THE
RECEIVER SHALL PERFORM ALL NECESSARY ACTS TO ACCOMPLISH THE
PURPOSE OF THE RECEIVERSHIP.
(2) IF A NURSING HOME IS PLACED IN RECEIVERSHIP,
THE RECEIVER SHALL NOTIFY THE RESIDENTS AND THEIR FAMILIES
OF THE RECEIVERSHIP.
(3) THE RECEIVER MAY CORRECT OR ELIMINATE ANY
VIOLATION OF APPLICABLE STATE OR FEDERAL STATUTES OR
REGULATIONS IN THE STRUCTURE OR FURNISHINGS OF THE NURSING
HOME, IF THE TOTAL COST OF CORRECTIONS DOES NOT EXCEED
$3,000. THE COURT MAY ALLOW EXPENDITURES FOR THIS PURPOSE
IN EXCESS OF $3,000 ON APPLICATION FROM THE RECEIVER.
(4) IF ANY RESIDENT IS TRANSFERRED OR
DISCHARGED, THE RECEIVER SHALL PROVIDE AT A MINIMUM FOR:
(I) TRANSPORTATION OF THE RESIDENT AND
RESIDENT'S BELONGINGS AND NECESSARY MEDICAL INFORMATION TO
THE PLACE WHERE THE RESIDENT IS BEING TRANSFERRED OR
DISCHARGED;
PLACEMENT;
(II) AID IN LOCATION OF AN ALTERNATIVE
(III) EXPLANATION OF ALTERNATIVE
PLACEMENTS AND THE ORIENTATION CONCERNING THE PLACEMENT
CHOSEN BY THE RESIDENT OR THE RESIDENT'S GUARDIAN; AND
(IV) SAFEGUARDING AND TRANSFER OF ALL
PROPERTY, ASSETS OR RECORDS OF RESIDENTS WHICH ARE IN THE
POSSESSION OF THE OWNER OR RECEIVER OF THE NURSING HOME TO
THE ALTERNATIVE PLACEMENT OF THE RESIDENT OR TO THE RESIDENT
HIMSELF.
(5) THE RECEIVER SHALL PRESERVE ALL PROPERTY,
ASSETS AND RECORDS OF RESIDENTS OF WHICH THE RECEIVER HAS
CUSTODY.
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