HARRY HUGHES, Governor                                961

AGAINST THE RECEIVER FOR PAYMENT OR FOR POSSESSION OF THE
PROPERTY. HOWEVER, THE PAYMENT DOES NOT RELIEVE THE OWNER
OF THE NURSING HOME OF ANY LIABILITY FOR THE DIFFERENCE
BETWEEN THE AMOUNT THAT THE RECEIVER PAYS AND THE AMOUNT
THAT IS DUE UNDER THE CONTRACT.

(G) LIABILITY.

(1)  A RECEIVER OF A NURSING HOME IS NOT LIABLE
FOR AN INJURY TO PERSON OR PROPERTY THAT RESULTS FROM THE
CONDITION OF THE NURSING HOME.

(2)  A RECEIVER ONLY IS LIABLE FOR ANY ACT OR
OMISSION THAT CONSTITUTES NEGLIGENCE IN THE FULFILLMENT OF
THE DUTIES AS RECEIVER.

(H) FEE.

A RECEIVER OF A NURSING HOME IS ENTITLED TO THE FEE
THAT THE COURT FINDS REASONABLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 560B(e), (g), and (h)(2) and (3).

As to subsection (f)(4) of this section and the
word "verified", see § 1-201 of this article.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that it is unclear whether or not the receiver is
personally liable under subsection (g)(2) of this
section.

Defined terms: "Affiliate" § 19-333
"Includes"/"including" § 1-101
"Nursing home" § 19-333 "Secretary" § 1-101
"Person" §§ 1-101 & 19-301

19-338. SPECIAL FUND.

(A)  "FUND" DEFINED.

IN THIS SECTION, "FUND" MEANS THE SPECIAL REVOLVING
FUND ESTABLISHED UNDER THIS SECTION.

(B)  FUND ESTABLISHED.

(1) THIS STATE MAY ESTABLISH A SPECIAL REVOLVING
FUND TO PROVIDE FINANCIAL SUPPORT FOR A RECEIVER OF A
NURSING HOME.

(2) THE AMOUNT OF MONEY IN THE FUND SHALL BE AT
LEAST $250,000 BUT NOT MORE THAN $500,000.