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ROBERT L. EHRLICH, JR., Governor Ch. 113
(xi) Any other information that the Department requires]
CONTINUING CARE AGREEMENT OBLIGATIONS TO SUBSCRIBERS.
(4) IN ADDITION TO THE INFORMATION REQUIRED TO BE PROVIDED
UNDER PARAGRAPH (3) OF THIS SUBSECTION, A PROVIDER SUBJECT TO SUBSECTION
(A)(1) OF THIS SECTION AND ANY PROPOSED NEW PROVIDER SHALL PROVIDE TO THE
DEPARTMENT ANY OTHER INFORMATION THAT THE DEPARTMENT REQUIRES TO
EVALUATE THE PROPOSED TRANSACTION.
[(3)] (5) For the first fifteen days after giving the notice specified in
paragraph [(1)(ii)] (2) of this subsection, subscribers may submit to the EXISTING
PROVIDER, ANY PROPOSED NEW provider, and [to] the Department written questions
and comments on the proposed sale or other transfer.
[(4)] (6) Not later than the 25th day after the notice specified in
paragraph [(1)(ii)] (2) of this subsection, representatives of the EXISTING PROVIDER
AND ANY PROPOSED NEW provider shall hold a meeting with representatives of the
subscribers of the affected facility to discuss the proposed sale or other transfer.
Representatives of the subscribers shall be chosen by the subscribers and may not
exceed 15 in number. The names and addresses of the subscriber representatives
shall be given by the representatives to the EXISTING PROVIDER, ANY PROPOSED
NEW provider, and [to] the Department. Representatives of the Department may
attend such meeting.
[(5)] (7) For the first 10 days after the meeting specified in paragraph
[(4)] (6) of this subsection, subscribers may submit to the EXISTING PROVIDER, ANY
PROPOSED NEW provider, and [to] the Department additional written comments on
the proposed sale or other transfer.
(c) After reviewing the information as required in subsection (b) of this
section, the Department shall make a determination as to whether the sale or other
transfer satisfies the standard for approval in subsection (d) of this section. The
determination by the Department shall be made by the 50th day after the date of the
notice required by subsection [(b)(1)(ii)] (B)(2) of this section, unless extended by the
Department for good cause. The Department shall notify the EXISTING PROVIDER,
ANY PROPOSED NEW provider, and the subscriber representatives in writing of its
determination and rationale AND, IF APPLICABLE, THAT IT INTENDS TO TRANSFER
THE CERTIFICATE OF REGISTRATION TO THE NEW PROVIDER.
(d) The Department shall approve a sale or other transfer of ownership or
control unless the Department determines that the sale or other transfer is likely to
have an unreasonably adverse impact on the financial stability of the provider or is
likely to have an unreasonably adverse effect on a provider's capacity to perform [its
obligations under the continuing care agreements to which it is a party] CONTINUING
CARE AGREEMENT OBLIGATIONS TO SUBSCRIBERS.
(e) The decision by the Department with respect to the proposed sale or other
transfer is subject to appeal only by the provider in accordance with the
Administrative Procedure Act. No other person shall be deemed to be a party in
interest to the proceedings. If an appeal is taken by the provider, the Department
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