PARRIS N. GLENDENING, Governor

Ch. 346

(L) "PROCESSING FEE" MEANS THE FEE IMPOSED BY THE PROVIDER FOR
DETERMINING THE FINANCIAL, MENTAL, AND PHYSICAL ELIGIBILITY OF AN
APPLICANT FOR ENTRANCE INTO A FACILITY.

[(d)](M) "Provider" means [the owner or operator, whether a natural person,
partnership, unincorporated association, however organized, trust, or corporation, of an
institution, building, residence, or other place, whether operated for profit or not, which
owner or operator] ANY PERSON WHO undertakes to provide continuing care AND WHO
IS:

(1)     THE OWNER OR OPERATOR OF A FACILITY; OR

(2)     AN APPLICANT FOR OR THE HOLDER OF A CERTIFICATE OF
REGISTRATION.

(N) "RECORDS" MEANS THE INFORMATION MAINTAINED BY THE PROVIDER
FOR THE PROPER OPERATION OF THE FACILITY UNDER THIS SUBTITLE.

(O) "RENOVATION" MEANS ANY SINGLE CAPITAL IMPROVEMENT TO, OR
REPLACEMENT OF, THE EXISTING FACILITY, OR ANY PART OF THE EXISTING
FACILITY, BUT EXCLUDING NORMAL REPAIR AND MAINTENANCE, THAT WILL NOT
INCREASE THE NUMBER OF INDEPENDENT OR ASSISTED LIVING UNITS AND FOR
WHICH THE TOTAL PROJECTED COST IS AN AMOUNT THAT IS MORE THAN THE SUM
OF:

(1)     20% OF THE TOTAL OPERATING EXPENSES, LESS DEPRECIATION,
AMORTIZATION, AND INTEREST EXPENSE OF THE FACILITY AS SHOWN ON THE
CERTIFIED FINANCIAL STATEMENT FOR THE MOST RECENT FISCAL YEAR FOR
WHICH A CERTIFIED FINANCIAL STATEMENT IS AVAILABLE; AND

(2)     THE AMOUNT OF THE EXISTING RESERVES PROPERLY ALLOCABLE
TO, AND SO ALLOCATED FOR, THE RENOVATION.

[(e)] (P) "Subscriber" means [ a purchaser of, or nominee of,] AN INDIVIDUAL
FOR WHOM a continuing care agreement IS PURCHASED.

(Q) "SURCHARGE" MEANS A SEPARATE AND ADDITIONAL CHARGE, OTHER
THAN A SECOND PERSON ENTRANCE FEE, IMPOSED SIMULTANEOUSLY WITH THE
ENTRANCE FEE, THAT MAY BE REQUIRED OF SOME BUT NOT ALL SUBSCRIBERS
BECAUSE OF A CONDITION OR CIRCUMSTANCE THAT APPLIES ONLY TO THOSE
SUBSCRIBERS.

8.

The administration of this subtitle is vested in the State Office on Aging, which
shall:

(1)     Prepare and furnish all forms necessary or desirable under the
provisions of this subtitle;

(2)     Establish and collect reasonable filing fees established for the
implementation of this subtitle;

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