Ch. 346

1996 LAWS OF MARYLAND

or [circular] OTHER PROMOTIONAL MATERIAL for the facility [during the past 5
years] NOT PREVIOUSLY APPROVED BY THE OFFICE; and

[(11)] (10)Other reasonable and pertinent data [as] THAT the Office [may
require] REQUIRES.

(F) IF THE PROVIDER PLANS TO ADVERTISE BEFORE HAVING A CERTIFICATE

OF REGISTRATION ISSUED UNDER § 11 OF THIS SUBTITLE, THE FORM AND

SUBSTANCE OF ANY ADVERTISEMENT OR ADVERTISING CAMPAIGN MUST BE

SUBMITTED TO THE OFFICE AND APPROVED BEFORE THE ADVERTISEMENT OR

ADVERTISING CAMPAIGN MAY BE USED.

[(f)] (G) A preliminary certificate of registration shall be issued by the Office if it
determines that:

(1)     The feasibility study has been approved;

(2)     The CONTINUING CARE agreement to be used between the provider
and the subscriber meets the requirements of §§ 13, 14, and 15 of this [article]
SUBTITLE;

(3)     All of the financial and organizational materials required to be
submitted under subsection (e) of this section have been submitted to the Office; and

(4)     [All] THE FORM AND SUBSTANCE OF ALL advertising and OTHER
promotional materials [have been approved by the Office] FILED ARE NOT DECEPTIVE,
MISLEADING, OR LIKELY TO MISLEAD.

[(g)] (H) If a preliminary certificate of registration is not obtained from the Office
within 6 months of the approval of a feasibility study, or such longer time as is allowed by
the Office for good cause shown, the provider shall refund all deposits and cease in its
attempts to market continuing care [at the location specified in the] UNDER THAT
application.

11.

(a) A provider may not provide continuing care until the issuance of a certificate
of registration by the Office. The application shall be filed in a form satisfactory to the
Office. The application shall contain at least the following information:

(1)     Verification that subscribers' continuing care agreements have been
executed for at least 65 percent of the independent living units and at least 10 percent of
the total entrance fee for each contracted unit has been collected;

(2)     Verification that the [applicant] PROVIDER has received a written
commitment for permanent long-term financing, [and] AND, when requested by the
permanent financing lender, the Office may issue a letter stating that all requirements of
paragraph (1) of this subsection have been met; and

(3)     Verification that application for construction financing has taken place.
When requested by a construction lender, the Office may issue a letter stating that all
requirements of paragraphs (1) and (2) of this subsection have been met and on closing of
the construction loan the certificate of registration shall be issued.

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