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Session Laws, 1985
Volume 760, Page 3785   View pdf image
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HARRY HUGHES, Governor

3785

ABILITY OF THE FACILITY TO MEET EXISTING OR FUTURE OBLIGATIONS.

(B) THERE IS A FINANCIAL REVIEW COMMITTEE.

(C) (1) THE COMMITTEE CONSISTS OF 7 MEMBERS APPOINTED BY
THE DIRECTOR OF THE OFFICE ON AGING.

(2)  OF THE 7 MEMBERS, 2 SHALL BE KNOWLEDGEABLE IN THE
FIELD OF CONTINUING CARE, 2 SHALL BE CERTIFIED PUBLIC
ACCOUNTANTS, 1 SHALL BE FROM THE FINANCIAL COMMUNITY, AND 2 SHALL
BE CONSUMER MEMBERS, PREFERABLY RESIDENTS OF CONTINUING CARE
FACILITIES.

(3)  THE TERM OF A MEMBER IS 3 YEARS. THE TERMS OF
MEMBERS ARE STAGGERED AS REQUIRED BY THE TERMS PROVIDED FOR
MEMBERS OF THE BOARD ON JULY 1, 1985.

(4)  A MEMBER MAY SERVE CONSECUTIVE TERMS.

(5)  THE COMMITTEE SHALL ELECT ITS CHAIRMAN.

(6)  MEMBERS MAY NOT RECEIVE COMPENSATION, HOWEVER,
MEMBERS ARE ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS PROVIDED FOR IN THE
STATE BUDGET.

(7)  ANY FINANCIAL REVIEW COMMITTEE MEMBER ACTING IN
GOOD FAITH AND WITHIN THE SCOPE OF HIS DUTIES IS IMMUNE FROM
CIVIL LIABILITY AS A RESULT OF THOSE ACTS.

(8)  A FINANCIAL REVIEW COMMITTEE MEMBER MAY NOT
PARTICIPATE IN A REVIEW OF A CONTINUING CARE PROVIDER'S FINANCIAL
CONDITION IF THAT MEMBER HAS AN INTEREST IN THE PROVIDER, AS
DEFINED BY THE MARYLAND PUBLIC ETHICS LAW.

(D) (1) AFTER REVIEWING THE PROVIDER'S APPLICATION FOR A
RENEWAL CERTIFICATE, THE OFFICE MAY REFER THE APPLICATION AND
ACCOMPANYING MATERIALS TO THE COMMITTEE FOR ITS CONSIDERATION.
THE COMMITTEE SHALL REVIEW THE APPLICATION AND THE MATERIALS AND
MAY REQUEST ADDITIONAL INFORMATION FROM THE OFFICE. WITHIN 45
DAYS OF RECEIPT OF AN APPLICATION, THE COMMITTEE SHALL NOTIFY THE
OFFICE IN WRITING WHETHER OR NOT THE COMMITTEE FINDS THE PROVIDER
IN FINANCIAL DIFFICULTY, STATING THE REASONS FOR ITS FINDINGS.
THE COMMITTEE MAY REQUEST ONE 30-DAY EXTENSION FROM THE DIRECTOR
OF THE OFFICE ON AGING. THE DIRECTOR MAY GRANT THE EXTENSION.

(2) THE OFFICE MAY REFER A FINDING OF POSSIBLE
FINANCIAL DIFFICULTY TO THE COMMITTEE FOR ITS CONSIDERATION. THE
COMMITTEE SHALL REVIEW THE FINDING AND MAY REQUEST ADDITIONAL
INFORMATION FROM THE OFFICE. WITHIN 45 DAYS OF THE RECEIPT OF A
FINDING, THE COMMITTEE SHALL NOTIFY THE OFFICE IN WRITING WHETHER
OR NOT THE COMMITTEE FINDS THE PROVIDER IN FINANCIAL DIFFICULTY,
STATING THE REASONS FOR ITS FINDINGS. THE COMMITTEE MAY REQUEST
1 30-DAY EXTENSION FROM THE DIRECTOR OF THE OFFICE ON AGING. THE
DIRECTOR MAY GRANT THE EXTENSION.

 

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Session Laws, 1985
Volume 760, Page 3785   View pdf image
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