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Session Laws, 1988
Volume 770, Page 2664   View pdf image
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Ch. 262                                          LAWS OF MARYLAND

(6) Payment of the rent or interest rate that a court
sets under this subsection is a defense in any action against the
receiver for payment or for possession of the property. However,
the payment does not relieve the owner [of the nursing home] OR
OPERATING ENTITY of any liability for the difference between the
amount that the receiver pays and the amount that is due under
the contract.

(g) (1) A receiver [of a nursing home] is not liable for an
injury to person or property that results from the condition of
the nursing home OR SITE OF THE COMMUNITY RESIDENTIAL PROGRAM.

(2) A receiver only is liable for any act or omission
that constitutes negligence in the fulfillment of the duties as
receiver.

(h) A receiver [of a nursing home] is entitled to the fee
that the court finds reasonable.

[19-338.

(a)  In this section, "Fund" means the special revolving
fund established under this section.

(b)  (1) This State may establish a special revolving fund
to provide financial support for a receiver of a nursing home.

(2) The amount of money in the Fund shall be at least
$250,000 but not more than $500,000.

(c)  If, after a receiver uses all private and third-party
payments to the nursing home, expenses remain unpaid, the
receiver may petition the court for money from the Fund.

(d)  (1) Before a court authorizes use of money from the
Fund, the court shall hold a hearing.

(2)  Notice of the hearing shall be given to the
receiver and the owner of the nursing home at least 7 days before
the hearing.

(3)  At the hearing, the receiver and owner of the
nursing home may offer evidence on whether the court should
approve a loan.

(e)  The Secretary shall determine the repayment schedule
for a loan from the Fund.

(f)  (1) A loan from the Fund is a lien on the nursing home
and its assets if the receiver files a notice of the lien that
contains:

(i) The amount of the lien;

- 2664 -

 

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Session Laws, 1988
Volume 770, Page 2664   View pdf image
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