HARRY HUGHES, Governor                                     3547

(4)  A certified statement of the applicant's
financial situation, including a balance sheet and income
statements, for the 3 most recent fiscal years. If the
applicant's fiscal year ended more than 90 days prior to the date
of filing, there shall also be included an income statement,
which need not be certified, covering the period between the date
the fiscal year ended and a date not more than 90 days prior to
the date the application is filed.

(5)  A statement as to whether the provider was or is
affiliated with a religious, charitable, or other nonprofit
organization, the extent of any affiliation and the extent, if
any, to which the affiliate organization will be responsible for
the financial and contractual obligations of the applicant.

(6)  A copy of the agreement to be entered into
between the provider and subscribers for continuing care.

(7)  A statement of the fee structure, including
escalator or other automatic adjustment provisions.

(8)  A description of the facility which is proposed
to be used or is being used to furnish continuing care.

(9)  A statement of the role of any publicly funded
benefit or insurance program in the financing of the care.

(10)  A sample of each previously published or planned
advertisement or circular for the facility during the past 5
years.

(11)  Other reasonable and pertinent data as the
office shall require.

(b)  Annually thereafter, within 120 days after the end of
its fiscal year, the provider shall file an application for a
renewal certificate on a form prescribed by the Office. The
application shall indicate any additions or changes to the
information required by subsection (a) of this section, and shall
be accompanied by a certified financial statement for the
preceding fiscal year, A CASH BASIS OPERATING BUDGET FOR THE
CURRENT FISCAL YEAR, AND A PROJECTED CASH BASIS OPERATING BUDGET
FOR THE NEXT SUCCEEDING FISCAL YEAR. THE CERTIFIED FINANCIAL
STATEMENT SHALL BE PREPARED IN ACCORDANCE WITH AN AUDIT GUIDE
ADOPTED BY THE OFFICE ON AGING. If the application and
accompanying information is not received by the Office within
the 120-day period, a late fee may be charged. Failure to file
the required information within 90 days of the due date shall be
a violation of this subtitle.

(c)  When an applicant has more than one facility offering
continuing care, separate applications for registration and
renewal certificates shall be made for each facility.

(D) (1) UPON RECEIPT OF AN APPLICATION, THE OFFICE SHALL
REVIEW THE APPLICATION AND DETERMINE IF: