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2006 LAWS OF MARYLAND
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Ch. 113
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(2) The subscriber resides in a unit at a higher level of care than the
level of care in which the subscriber resided upon initially entering the facility; and
(3) The last unit in which the subscriber resided at the level of care in
which the subscriber resided upon initially entering the facility has been occupied by
or reserved for another subscriber who has paid an entrance fee.
(D) THIS SECTION DOES NOT PRECLUDE A PROVIDER FROM REQUIRING THAT
A SUBSCRIBER'S UNIT BE VACATED BEFORE ANY CONTRACTUAL ENTRANCE FEE
REFUND IS PAID AS A RESULT OF THE SUBSCRIBER'S ELECTION TO TERMINATE A
CONTINUING CARE AGREEMENT.
17A.
(f) The Department may withhold the renewal certificate OF REGISTRATION
or withdraw a PRELIMINARY, INITIAL, OR RENEWAL certificate of registration:
(1) If the provider does not prepare a financial plan;
(2) If the provider is unwilling or unable to prepare a financial plan;
(3) If the financial plan is inadequate to correct the current or impending
financial condition which necessitated the financial plan; or
(4) If the provider fails to implement the plan.
18.
(a) No person, association, or corporation may maintain or operate a facility
offering continuing care without having obtained [a] AN INITIAL OR RENEWAL
certificate of registration.
18A.
(a) The [Department] SECRETARY may impose a civil money penalty against
a provider for action or inaction that violates this subtitle or any regulation adopted
by the Department under this subtitle.
(b) (1) Before imposing a civil money penalty under subsection (a) of this
section, the Department shall issue a notice of violation to the provider.
(2) The notice shall provide:
(i) The time in which a plan of correction that is acceptable to the
Department is to be submitted;
(ii) The time in which an identified violation must be substantially
corrected, which time may not be less than 30 days; and
(iii) That failure to submit an acceptable plan of correction as
required by item (1) of this subsection or to correct the identified violation may result
in an order imposing a civil money penalty under subsection (d) of this section.
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- 728 -
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