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Session Laws, 1989
Volume 771, Page 1825   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 109

to a later date, the court shall hold a hearing on the
appointment of the receiver within 5 days after service of
process.

19-336.

(a)  After the hearing under § 19-335 of this subtitle, the
court may appoint a receiver for the nursing home or community
[residential] program or continue the appointment of the receiver
made ex parte, if the court finds:

(1)  A person is operating the nursing home or
community [residential] program without a license for it;

(2)  The nursing home or community [residential]
program will be closed within 30 days and arrangements to
relocate its residents have not been approved by the Secretary;

(3)  The nursing home or community [residential]
program or its residents have been abandoned; or

(4)  A situation, physical condition, practice, or
method of operation presents an imminent danger of death or
serious mental or physical harm to the [residents] INDIVIDUALS.

(b)  The court may appoint as receiver any responsible
individual other than:

(1)  A State employee;

(2)  An employee of a local government; or

(3)  The owner or administrator of or other individual
with a financial interest in the nursing home or community
[residential] program or agent of any of those individuals.

(c)  (1) Before the receiver takes charge of the nursing
home or community [residential] program, the receiver shall file
a bond with the court.

(2)  The bond:

(i) May not exceed the value of the nursing
home or community [residential] program and its assets; and

(ii) Shall run to this State for benefit of all
persons interested in the faithful performance of the receiver
including the [residents] INDIVIDUALS.

(3)  Unless the court directs otherwise, the receiver
may pay the premium of the bond from the income of the nursing
home OR COMMUNITY PROGRAM.

- 1825 -

 

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Session Laws, 1989
Volume 771, Page 1825   View pdf image
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