HARRY HUGHES, Governor

1107

2. WHEN THE LESSOR UNDER A LEASE IS
THE OWNER OR AN AFFILIATE OF THE OWNER, AND THE RECEIVER IS
PERMITTED BY THE COURT TO AVOID THE LEASE UNDER PARAGRAPH
(E)(6), THE RENTAL ESTABLISHED BY THE COURT PURSUANT TO THIS
PARAGRAPH TO BE PAID BY THE RECEIVER MAY NOT BE LESS THAN
THE AGGREGATE PRINCIPAL AND INTEREST PAYMENTS PAYABLE UNDER
ALL MORTGAGES OR SECURITY AGREEMENTS, OR BOTH, WHICH THE
RECEIVER DOES NOT HAVE THE RIGHT TO AVOID UNDER PARAGRAPH
(E)(6), AFFECTING THE REAL PROPERTY OR GOODS AFFECTED BY THE
LEASE.

(F)  THE COURT MAY NAME ANY RESPONSIBLE INDIVIDUAL TO
ACT AS RECEIVER, EXCEPT ANY STATE OR LOCAL GOVERNMENT
EMPLOYEE, OR THE OWNER, ADMINISTRATOR, OR OTHER PERSON OR
HIS AGENT WITH A FINANCIAL INTEREST IN THE NURSING HOME.

(G)  THE RECEIVER MAY NOT BE LIABLE FOR ANY INJURY TO
PERSON OR PROPERTY BY REASON OF THE CONDITION OF THE NURSING
HOME. HE SHALL ONLY BE LIABLE FOR ACTS OR OMISSIONS
CONSTITUTING NEGLIGENCE IN THE FULFILLMENT OF HIS DUTIES AS
RECEIVER.

(H) (1) BEFORE TAKING CHARGE OF THE NURSING HOME, THE
RECEIVER SHALL FILE A BOND IN THE COURT IN WHICH THE
RECEIVER WAS APPOINTED. THE PENALTY OF THE BOND MAY NOT BE
GREATER THAN THE AGGREGATE VALUE OF THE NURSING HOME AND ITS
ASSETS. THE RECEIVER SHALL BE ENTITLED TO PAY AND BE
ALLOWED THE COST OF THE PREMIUM OF IT OUT OF THE INCOME OF
THE NURSING HOME, UNLESS THE COURT DIRECTS OTHERWISE. THE
BOND SHALL BE TO THE NURSING HOME.

(2)  THE RECEIVER SHALL REPORT TO THE COURT IN
THE FORM AND MANNER REQUIRED BY THE COURT.

(3)  A RECEIVER APPOINTED PURSUANT TO THIS
SUBTITLE SHALL BE ENTITLED TO A REASONABLE RECEIVER'S FEE AS
DETERMINED BY THE COURT.

(I) (1) THE OWNER OF A NURSING HOME OR THE RECEIVER
MAY PETITION THE COURT TO TERMINATE THE RECEIVERSHIP. THE
COURT MAY TERMINATE THE RECEIVERSHIP IF IT FINDS THAT THE
NURSING HOME HAS BEEN REHABILITATED SO THAT THE VIOLATIONS
COMPLAINED OF NO LONGER EXIST, OR IF THE RECEIVERSHIP WAS
INSTITUTED PURSUANT TO SUBSECTION (C)(2) OR (C)(4) OF THIS
SECTION, THE ORDERLY TRANSFER OF THE RESIDENTS HAS BEEN
COMPLETED AND THE NURSING HOME IS READY TO BE CLOSED. UPON
SUCH FINDINGS, THE COURT SHALL TERMINATE THE RECEIVERSHIP
AND RETURN THE NURSING HOME TO ITS OWNER.

(2)  THE SALE OF THE NURSING HOME OR ANY OF ITS
ASSETS MAY NOT TERMINATE THE RECEIVERSHIP.

(3)  UNLESS TERMINATED SOONER, A RECEIVERSHIP
SHALL AUTOMATICALLY END UPON THE EXPIRATION OF 1 YEAR AFTER
THE DATE OF THE ORDER INSTITUTING IT. THE COURT MAY EXTEND
THE RECEIVERSHIP FOR UP TO 1 ADDITIONAL YEAR IF THE