WILLIAM DONALD SCHAEFER, Governor                   Ch. 325

(4)  The feasibility study was prepared by a certified
public accountant or other recognized authority; [and]

(5)  THE ACTUARIAL FORECAST SUPPORTS THE NEED FOR THE
PROJECT; AND

[(5)] (6) The escrow agreement and deposit agreement
state that all deposits will be held in escrow until the issuance
of a [final] certificate of registration, CONSTRUCTION IS
COMPLETE, THE PROVIDER HAS BEEN ISSUED A CERTIFICATE OF OCCUPANCY
OR THE EQUIVALENT BY THE APPROPRIATE LOCAL JURISDICTION, AND THE
PROVIDER HAS BEEN ISSUED APPROPRIATE LICENSES OR CERTIFICATES BY
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR THE OFFICE.

[(e) A preliminary certificate of registration shall be
issued to the provider by the Office on Aging when:

(1)  The feasibility study has been approved;

(2)  The agreement between the provider and the
subscriber meets the requirements of Sections 13, 14, and 15 of
this article;

(3)  All of the financial and organizational material
required to be submitted under Section 11 of this article has
been submitted to and received by the Office on Aging;

(4)  A provider has obtained any required certificate
of need for any proposed health care facility or service
necessary to meet the terms of the agreement between the provider
and the subscriber; and

(5)  All advertising and promotional materials have
been approved by the Office.]

(E) A PROVIDER MAY NOT ENTER INTO A CONTINUING CARE
AGREEMENT UNTIL THE ISSUANCE OF A PRELIMINARY CERTIFICATE OF
REGISTRATION BY THE OFFICE. THE APPLICATION SHALL BE FILED IN A
FORM SATISFACTORY TO THE OFFICE AND SHALL CONTAIN AT LEAST THE
FOLLOWING INFORMATION:

(1)  THE NAME AND ADDRESS OF THE FACILITY AND THE NAME
AND ADDRESS OF ANY AFFILIATED PARENT OR SUBSIDIARY CORPORATION OR
PARTNERSHIP;

(2)  THE NAME AND ADDRESS OF THE PROVIDER IF THE
PROVIDER IS AN INDIVIDUAL, THE NAMES AND ADDRESSES OF THE
PARTNERS OR MEMBERS IF THE PROVIDER IS A PARTNERSHIP OR OTHER
UNINCORPORATED ASSOCIATION, OR THE NAMES AND ADDRESSES OF THE
STOCKHOLDERS HOLDING AT LEAST A 10 PERCENT INTEREST IN A STOCK
CORPORATION, OR THE NAMES AND ADDRESSES OF THE MEMBERS IN A
NONSTOCK CORPORATION, AND THE NAMES AND ADDRESSES OF THE MEMBERS
OF THE BOARD OF DIRECTORS IF THE PROVIDER IS A CORPORATION, ALONG

- 1885 -