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2006 LAWS OF MARYLAND
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Ch. 113
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(iv) A copy of the corporate charter, partnership agreement, articles
of association, membership agreement, or trust agreement as it will pertain to the
legal organization of the provider after the sale or other transfer;
(v) A statement as to any affiliation with a religious, charitable, or
other nonprofit organization that will exist after the proposed sale or other transfer
and the extent, if any, to which the affiliate organization will be responsible for the
financial and contractual obligations of the provider;
(vi) The name and address of any business or professional entity or
operation that is likely to provide goods, premises, or services to the facility or
provider, after the sale or other transfer, of a value of $10,000 or more within any
year, including a description of the goods, premises, or services in which any of the
persons identified in item (iii)6 of this paragraph has a 10% or greater financial
interest;
(vii) The name of the proposed manager or management company
that will manage the day-to-day operations of the facility after the sale or other
transfer, and a description of the business experience of the manager or company in
the operation or management of similar facilities;
(viii) A description of any matter in which any person identified in
item (iii)6 of this paragraph:
A. Has been convicted of a felony or pleaded nolo contendere
to a felony charge, if the felony involved fraud, embezzlement, fraudulent conversion,
or misappropriation of property, or has been held liable or enjoined in a civil action by
final judgment if the civil action involved fraud, embezzlement, fraudulent
conversion, or misappropriation as a fiduciary; or
B. Was subject to an effective injunctive or restrictive order of
a court of record or, within the past 10 years, had any state or federal license or
permit suspended or revoked as a result of an action brought by a governmental
agency arising out of or relating to business activity or health care, including actions
affecting a license to operate any facility or service for aging, impaired, or dependent
persons;
(ix) A financial plan PROVIDED BY THE ENTITY THAT WILL BE THE
PROVIDER AFTER THE PROPOSED SALE OR OTHER TRANSFER IS COMPLETED in a
form reasonably acceptable to the Department demonstrating the projected effects of
the sale or other transfer on the financial operations of the provider and the facility,
including any obligations of the provider to make payments in connection with the
sale or other transfer from the financial resources of the provider or the facility; AND
(x) A statement BY THE ENTITY THAT WILL BE THE PROVIDER
AFTER THE PROPOSED SALE OR OTHER TRANSFER IS COMPLETED that demonstrates
that the sale or other transfer is not likely to have an unreasonably adverse impact on
the financial stability of the provider or unreasonably adversely affect the provider's
capacity to perform [its obligations under the continuing care agreements to which it
is a party; and
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