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2006 LAWS OF MARYLAND
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Ch. 113
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4. Ascertaining the cost of and purchasing durable medical
equipment;
(vi) An explanation of the assisted living program's complaint or
grievance procedure; and
(vii) Notice of any material changes in the assisted living program.
(2) The provider shall:
(i) Furnish annually without cost to each subscriber revisions to
the disclosure statement provisions under paragraph (1) of this subsection;
(ii) Ensure that each subscriber, or the subscriber's agent, initials
the revised disclosure statement to indicate acknowledgment of the revisions; and
(iii) Make available a copy of each initialed disclosure statement for
inspection by the Department of Health and Mental Hygiene under Title 19, Subtitle
18, of the Health - General Article.
11D.
(a) (1) A provider that holds a PRELIMINARY, INITIAL, OR RENEWAL
certificate of registration and a person with an ownership interest in or right to
control the provider through governing body appointments or contractual or similar
arrangements may not sell or otherwise transfer, directly or indirectly, more than 50%
of the provider's ownership of a facility or more than 50% of the ownership of, or right
to control, a person that owns or controls a facility, unless the provider or person
obtains the approval of the Department to the sale or other transfer in accordance
with this section.
(2) Any series of such sales or other transfers within a 12-month period
shall be aggregated for purposes of this section.
(3) This section does not apply to a transfer of ownership of a facility, or
to a transfer of ownership or control of a person owning or controlling a facility, if the
transfer is part of a business reorganization, and if the same party or parties holding
a majority of ownership or right to control before the business reorganization will
retain, directly or indirectly, a majority of ownership or right to control after the
business reorganization.
(4) Notwithstanding paragraph (3) of this subsection, 30 days prior
notice shall be given by the provider to the Department and to the facility's
subscribers of any reorganization meeting the standards of paragraph (3) of this
subsection.
(b) (1) A provider subject to subsection (a)(1) of this section shall[:
(i) At] AT least 90 days before the proposed effective date of the
sale or other transfer, file with the Department a statement of intent to transfer
ownership or control[; and].
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