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Session Laws, 1996
Volume 794, Page 2057   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 346

EFFECT ON THE FINANCIAL ABILITY OF THE PROVIDER TO FURNISH CONTINUING
CARE IN ACCORDANCE WITH THE PROVIDER'S CONTINUING CARE AGREEMENTS
AND THIS SUBTITLE. A PROVIDER MAY NOT BEGIN CONSTRUCTION OF THE
RENOVATION UNTIL THE PROVIDER RECEIVES WRITTEN APPROVAL FROM THE
OFFICE.

(J) A PROVIDER SHALL FILE A REQUEST FOR APPROVAL FOR EACH
EXPANSION IN A FORM SATISFACTORY TO THE OFFICE. AT LEAST 30 DAYS BEFORE
FILING THE REQUEST, THE PROVIDER SHALL SUBMIT TO THE OFFICE A WRITTEN
STATEMENT THAT SETS FORTH THE PROVIDER'S INTENT TO FILE AN EXPANSION
REQUEST. THE REQUEST SHALL INCLUDE:

(1)     A STATEMENT OF THE PURPOSE OF AND NEED FOR THE EXPANSION;

(2)     IF THE EXPANSION INVOLVES LIVING UNITS, A PLAN THAT
DEMONSTRATES TO THE SATISFACTION OF THE OFFICE THAT A MARKET EXISTS
FOR THE ADDITIONAL LIVING UNITS;

(3)     A FINANCIAL PLAN THAT DEMONSTRATES TO THE SATISFACTION OF
THE OFFICE THAT THE EXPANSION WILL NOT HAVE AN UNREASONABLY ADVERSE
AFFECT EFFECT ON THE FINANCIAL ABILITY OF THE PROVIDER TO FURNISH
CONTINUING CARE IN ACCORDANCE WITH THE PROVIDER'S CONTINUING CARE
AGREEMENTS AND THIS SUBTITLE AT THE FACILITY IDENTIFIED IN THE PLAN AND
AT EACH OTHER FACILITY OF THE PROVIDER IN THE STATE; AND

(4)     ANY OTHER INFORMATION THAT THE OFFICE REQUIRES.

(K) THE OFFICE SHALL APPROVE ANY EXPANSION REQUESTED IN
ACCORDANCE WITH THIS SECTION AND, IF APPROPRIATE, ISSUE A NEW
CERTIFICATE OF REGISTRATION IF THE OFFICE DETERMINES THAT THE PROPOSED
EXPANSION WILL NOT HAVE AN UNREASONABLY ADVERSE AFFECT EFFECT ON THE
FINANCIAL ABILITY OF THE PROVIDER TO FURNISH CONTINUING CARE IN
ACCORDANCE WITH THE PROVIDER'S CONTINUING CARE AGREEMENTS AND THIS
SUBTITLE. A PROVIDER MAY NOT BEGIN CONSTRUCTION OF THE EXPANSION UNTIL
THE PROVIDER RECEIVES WRITTEN APPROVAL FROM THE OFFICE.

[(h)](L) It shall be the responsibility of the Office to make the information
REQUIRED TO BE provided pursuant to this subtitle available to all interested persons.
The Office shall publicize the availability of this information.

11A.

(A)    AT LEAST ANNUALLY, EACH PROVIDER SHALL CONDUCT A MEETING,
OPEN TO ALL OF THE PROVIDER'S SUBSCRIBERS, AT WHICH AN AUTHORIZED
OFFICER OF THE PROVIDER SHALL PRESENT A SUMMARY OF THE PROVIDER'S
OPERATIONS, SIGNIFICANT CHANGES FROM THE PREVIOUS YEAR, AND THE GOALS
AND OBJECTIVES FOR THE NEXT YEAR. THE GOVERNING BODY OF THE PROVIDER
SHALL MAKE PROVISIONS TO RECEIVE AND ANSWER QUESTIONS FROM
SUBSCRIBERS AT THE MEETING.

(B)     EACH GOVERNING BODY OF A PROVIDER THAT DOES NOT HAVE AT
LEAST ONE SUBSCRIBER AS A MEMBER OR AS A REGULAR ATTENDEE AT ITS

- 2057 -

 

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Session Laws, 1996
Volume 794, Page 2057   View pdf image
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