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Session Laws, 1989
Volume 771, Page 1827   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 109

(ii) Help the [resident] INDIVIDUAL or guardian
of the [resident] INDIVIDUAL to find an alternative placement;

(iii) Give information about the alternative
placement chosen;

(iv) Transport the [resident] INDIVIDUAL to the
alternative placement; and

(v) Transfer all property of and records on the
[resident] INDIVIDUAL, including all necessary medical
information, to the [resident] INDIVIDUAL or the alternative
placement.

(d)  The receiver may use:

(1)  Any private or third-party reimbursements to the
nursing home, including any Medicaid or Medicare payments; and

(2)  With the approval of the court, money from the
fund established under § 19-338 of this subtitle.

(e)   If the structure or furnishings of a nursing home or
site of the community [residential] program violate State or
federal law, the receiver may correct the violation:

(1)  Without the consent of the court, if the cost of
the correction does not exceed $3,000; or

(2)  On petition to and with the consent of the court,
if the cost of the correction is more than $3,000.

(f)  (1) The receiver shall pay the principal of and
interest on a mortgage or secured transaction unless the holder
of the mortgage or the secured party is the owner or an affiliate
of the owner.

(2) On petition of a receiver, the court may:

(i) Allow the receiver to avoid a lease,
mortgage, secured transaction, or other contract that the owner
or operating entity made if:

1.  The person seeking payment under the
contract is, or at the time the contract was made was, the owner
or an affiliate of the owner; and

2.  The contract provides for a rent or
interest rate substantially exceeding the rent or interest rate
that was reasonable when the contract was made; and

(ii) If the receiver is allowed to avoid the
contract, set a reasonable rent or interest rate to be paid on

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Session Laws, 1989
Volume 771, Page 1827   View pdf image
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