HARRY HUGHES, Governor 3549

[(d)] (E) Upon receipt of an application FOR THE ANNUAL
RENEWAL OF A FINAL CERTIFICATE OF REGISTRATION, the Office shall
review the application and determine if:

(1)  The documents required have been filed;

(2)  The proposed continuing care contracts meet the
requirements of this subtitle;

(3)  THE PROVIDER HAS COMPLIED WITH SECTION 17A OF
THIS ARTICLE IF IT HAS BEEN FOUND TO BE IN FINANCIAL DIFFICULTY;

[(3) Necessary] (4) IN THOSE INSTANCES IN WHICH THE
APPLICANT HAS BEEN OPERATING A CONTINUING CARE FACILITY, THE
NECESSARY facilities for providing continuing care are in
existence;

[(4)] (5) When appropriate, the facilities have been
[otherwise] licensed or certified by the Department of Health and
Mental Hygiene or the Office on Aging; and

[(5)] (6) The advertising materials and circulars
filed are [untrue,] NOT deceptive, misleading, or likely to
mislead.

[(e)] (F) If the application FOR RENEWAL is approved, the
certificate of registration shall be issued and the provider may
CONTINUE TO offer [the contract] CONTRACTS to the public. If the
application FOR RENEWAL is disapproved, the Office shall set
forth its reasons for denial of the application in writing.

[(f)] (G) It shall be the responsibility of the Office to
make the information provided pursuant to this section available
to all interested persons. The Office shall publicize the
availability of this information.

[(g)] (H) Fees collected by a provider under the terms of a
continuing care agreement may not be used for purposes other
than those set forth in the agreement.

13.

(a) In addition to such other provisions as may be
considered proper to effectuate the purpose of any continuing
care agreement, each agreement executed between a subscriber and
a provider shall:

(1) Show the total consideration paid by the
subscriber for continuing care including the value of all
property transferred, donations, entrance fees, subscriptions,
monthly fees, and any other fees paid or payable by or on behalf
of a subscriber.

(2) Specify all services such as food, shelter,
medical care, nursing care, or other health services, which are