HARRY HUGHES, Governor                              2567

AGREEMENT BECAUSE OF A SUBSTANTIAL CHANGE IN THE
SUBSCRIBER'S PHYSICAL, MENTAL OR FINANCIAL CONDITION, THE
AGREEMENT SHALL BE AUTOMATICALLY CANCELLED, AND THE
SUBSCRIBER OR THE SUBSCRIBER'S LEGAL REPRESENTATIVE SHALL
RECEIVE WITHIN 30 DAYS THEREAFTER A FULL REFUND OF ALL
MONEYS PAID TO THE PROVIDER, EXCEPT:

(I) THOSE SPECIAL ADDITIONAL COSTS
INCURRED BY THE PROVIDER DUE TO MODIFICATIONS IN THE
STRUCTURE OR FURNISHINGS OF THE UNIT SPECIFICALLY REQUESTED
BY THE SUBSCRIBER AND SET FORTH IN WRITING IN A SEPARATE
ADDENDUM TO THE AGREEMENT AND SIGNED BY THE SUBSCRIBER, AND

(2) (II) A PROCESSING FEE APPROVED BY THE
OFFICE.

(2) IN THE EVENT THAT THE SUBSCRIBER RESCINDS
THE CONTINUING CARE AGREEMENT PRIOR TO OCCUPYING THE UNIT
FOR ANY REASON OTHER THAN THE REASONS SPECIFIED IN SECTION
14(B)(1), THE REFUND PROVISIONS SHALL BE THE SAME AS THOSE
PROVIDED FOR IN SECTION 14(B)(1), EXCEPT THAT THE PROVIDER
MAY HOLD AN ADDITIONAL AMOUNT OF UP TO 4 PERCENT OF THE
ENTRANCE FEE UNTIL A CONTINUING CARE AGREEMENT IS ENTERED
INTO BETWEEN THE PROVIDER AND ANOTHER SUBSCRIBER WITH
RESPECT TO THE UNIT OR 80 PERCENT OF THE UNITS AT THE
FACILITY ARE CONTRACTED FOR, WHICHEVER OCCURS FIRST.

(C)  (1) A SUBSCRIBER MAY RESCIND A CONTINUING CARE
AGREEMENT AT ANY TIME IF THE TERMS OF THE AGREEMENT ARE IN
VIOLATION OF THE TERMS OF THIS SUBTITLE AND THE SUBSCRIBER
IS INJURED BY THE VIOLATION. THE SUBSCRIBER SHALL BE
ENTITLED TO TREBLE DAMAGES FOR EXTENSIVE INJURIES ARISING
FROM THE VIOLATIONS.

(2) IF A SUBSCRIBER ELECTS TO RESCIND AN

AGREEMENT UNDER THIS SUBSECTION, THEN THE FACILITY SHALL PAY
TO THE SUBSCRIBER A REFUND EQUAL TO THE ENTRANCE FEE DIVIDEND
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HUMAN SERVICES AT THE TIME THE AGREEMENT IS RESCINDED.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
IF A SUBSCRIBER ELECTS TO RESCIND SUCH AN AGREEMENT UNDER
THIS SUBSECTION, THEN THE SUBSCRIBER SHALL RECEIVE A FULL
REFUND OF ALL MONEYS PAID TO THE FACILITY.

(D) IF AN APPLICANT FOR ADMISSION TO A CONTINUING CARE
FACILITY WITHDRAWS THE APPLICATION PRIOR TO EXECUTION OF A
CONTINUING CARE AGREEMENT, THE APPLICANT SHALL RECEIVE A
FULL REFUND OF ALL MONEYS PAID TO THE PROVIDER EXCEPT A

PROCESSING FEE APPROVED BY THE OFFICE.