3784

VETOES

(b)  (1) If, prior to the subscriber occupying a unit, the
subscriber dies, the provider determines that the subscriber is
ineligible for entrance into the facility, or the subscriber
elects to terminate the continuing care agreement because of a
substantial change in the subscriber's physical, mental or
financial condition, the agreement shall be automatically
cancelled, and the subscriber or the subscriber's legal
representative shall receive within 30 days thereafter a full
refund of all moneys paid to the provider, except:

(i) Those special additional costs incurred by
the provider due to modifications in the structure or furnishings
of the unit specifically requested by the subscriber and set
forth in writing in a separate addendum to the agreement and
signed by the subscriber, and

(ii) A processing fee approved by the Office.

(2) In the event that the subscriber rescinds the
continuing care agreement WITHIN 21 30 DAYS AFTER ENTERING INTO
THE AGREEMENT AND prior to occupying the unit for any reason
other than the reasons specified in subsection (b)(1) of this
section, the refund provisions shall be the same as those
provided for in subsection (b)(1) of this section.[, except that
the provider may hold an additional amount of up to 4 percent of
the entrance fee until a continuing care agreement is entered
into between the provider and another subscriber with respect to
the unit] IF PRIOR TO OCCUPYING A UNIT THE SUBSCRIBER RESCINDS
THE CONTINUING CARE AGREEMENT AFTER THE 21 30-DAY PERIOD FOR ANY
REASON OTHER THAN THE REASONS SPECIFIED IN SUBSECTION (B)(1) OF
THIS SECTION, THE REFUND PROVISIONS WILL BE THE SAME AS THOSE IN
SUBSECTION. (B)(1) OF THIS SECTION EXCEPT THAT THE PROVIDER MAY
WITHHOLD THE REFUND UNTIL A CONTINUING CARE AGREEMENT IS ENTERED
INTO BETWEEN THE PROVIDER AND ANOTHER SUBSCRIBER WITH RESPECT TO
THE UNIT or 80 percent of the units at the facility are
contracted for, whichever occurs first.

(c)  A subscriber may rescind a continuing care agreement at
any time if the terms of the agreement are in violation of the
terms of this subtitle and the subscriber is injured by the
violation. The subscriber shall be entitled to treble damages
for extensive injuries arising from the violations.

(d)  If an applicant for admission to a continuing care
facility withdraws the application prior to execution of a
continuing care agreement, the applicant shall receive a full
refund of all moneys paid to the provider except a processing fee
approved by the Office.

17A.

(A) IN THIS SECTION, "FINANCIAL DIFFICULTY" MEANS CURRENT
OR IMPENDING FINANCIAL CONDITIONS WHICH IMPAIR OR MAY IMPAIR THE