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Session Laws, 1996
Volume 794, Page 1491   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 146

(N) (1) EACH YEAR, WITHIN 120 DAYS AFTER THE END OF ITS FISCAL YEAR,
A PROVIDER SHALL FILE AN APPLICATION WITH THE OFFICE FOR RENEWAL OF A
CERTIFICATE OF REGISTRATION IN A FORM SATISFACTORY TO THE OFFICE.

(2)     THE APPLICATION SHALL CONTAIN ANY REASONABLE AND
PERTINENT INFORMATION THAT THE OFFICE MAY REQUIRE.

(3)     THE OFFICE SHALL ISSUE A RENEWAL OF A CERTIFICATE OF
REGISTRATION WHENEVER IT DETERMINES THAT:

(I)      ALL DOCUMENTS REQUIRED TO BE FILED HAVE BEEN FILED
AND FOUND BY THE OFFICE TO BE SATISFACTORY;

(II)    ANY REVISED AGREEMENTS FOR CONTINUING CARE AT HOME
SERVICES MEET THE REQUIREMENTS OF THE OFFICE;

(III) THE PROPOSED USE OF NEW OR EXISTING HEALTH FACILITIES
IS NOT INCONSISTENT WITH THE STATE HEALTH PLAN; AND

(IV) THE ADVERTISING INFORMATION REQUIRED TO BE
SUBMITTED HAS BEEN FILED BY THE PROVIDER AND APPROVED BY THE OFFICE AS
NOT BEING DECEPTIVE, MISLEADING, OR LIKELY TO MISLEAD.

(O) EXCEPT FOR §§ 10, 11, 14, AND 15 OF THIS SUBTITLE, CONTINUING CARE AT
HOME PROVIDERS ARE SUBJECT TO THE PROVISIONS OF §§ 7 THROUGH 23 OF THIS
SUBTITLE

(P) CONTINUING CARE AT HOME PROVIDERS SHALL BE SUBJECT TO ALL
OTHER APPLICABLE LICENSING OR CERTIFICATION REQUIREMENTS OF MARYLAND
LAW, EXCEPT AS PROVIDED IN § 23 OF THIS SUBTITLE.

23.

Any operation subject to the provisions of this subtitle shall not be subject to the
provisions of the Health Maintenance Organization Act of the Health - General Article,
Article 48A OF THE CODE, except § 470N, or Title 8 of the Real Property Article [of the
Maryland Annotated Code]. IF A PROVIDER CONTRACTS WITH A LICENSED HOME
HEALTH AGENCY OR RESIDENTIAL SERVICE AGENCY TO PROVIDE SERVICES AND
THE PROVIDER IS NOT DIRECTLY PROVIDING THE TYPE OF SERVICES PROVIDED BY
A HOME HEALTH AGENCY OR RESIDENTIAL SERVICE AGENCY, THE PROVIDER IS
NOT SUBJECT TO THE PROVISIONS OF TITLE 19, SUBTITLES 4 AND 4A OF THE HEALTH
- GENERAL ARTICLE Under § 470N of Article 48A, the liability of the provider to the
State Department of Health and Mental Hygiene shall be limited to the amount of money
which would be due as a refund if the subscriber were dismissed under § 15 at the time of
enrollment in services rendered by, or paid in full or in part by the State Department of
Health and Mental Hygiene.

SECTION 2. AND BE IT FURTHER ENACTED. That, to the extent it has
access to necessary documents, the Office on Aging shall review, during the renewal of a
continuing care at home provider's certificate of registration, the frequency of bequests by

- 1491 -

 

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Session Laws, 1996
Volume 794, Page 1491   View pdf image
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