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Session Laws, 1996
Volume 794, Page 2061   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 346

(C) THE DISCLOSURE STATEMENT SHALL INCLUDE:

(1)     THE NAME, ADDRESS, AND DESCRIPTION OF THE FACILITY AND THE
NAME AND ADDRESS OF ANY PARENT OR SUBSIDIARY PERSON;

(2)     THE ORGANIZATIONAL STRUCTURE AND MANAGEMENT OF THE
PROVIDER, INCLUDING:

(I)      IF THE PROVIDER IS A CORPORATION OR LIMITED LIABILITY
COMPANY, THE NAME OF THE CORPORATION OR LIMITED LIABILITY COMPANY, THE
STATE IN WHICH THE CORPORATION IS INCORPORATED OR THE LIMITED LIABILITY
COMPANY IS FORMED, AND THE NAME OF THE CHIEF EXECUTIVE OFFICER;

(II)     IF THE PROVIDER IS A PARTNERSHIP, THE NAMES OF THE
GENERAL PARTNERS, THE STATE GOVERNING THE FORMATION OF THE
PARTNERSHIP, AND THE NAME OF THE PRIMARY INDIVIDUAL RESPONSIBLE FOR
MANAGING THE PARTNERSHIP;

(III) IF THE PROVIDER IS AN UNINCORPORATED ASSOCIATION, THE
NAMES OF THE MEMBERS, THE STATE GOVERNING THE ASSOCIATION'S ACTIVITIES,
AND THE NAME OF THE PRIMARY INDIVIDUAL RESPONSIBLE FOR MANAGING THE
ASSOCIATION;

(IV)   IF THE PROVIDER IS A PARTNERSHIP HAVING A CORPORATION
OR LIMITED LIABILITY COMPANY AS ONE OR MORE OF ITS GENERAL PARTNERS,
THE NAME OF THE CORPORATION OR LIMITED LIABILITY COMPANY, THE STATE IN
WHICH THE CORPORATION IS INCORPORATED OR THE LIMITED LIABILITY
COMPANY IS FORMED, AND THE NAME OF THE CHIEF EXECUTIVE OFFICER;

(V)     IF THE PROVIDER IS A TRUST, THE NAME OF THE TRUSTEE,
THE NAMES OF THE OWNERS OF THE BENEFICIAL INTERESTS IN THE TRUST, THE
STATE GOVERNING THE TRUST, AND THE NAME OF THE PRIMARY INDIVIDUAL
RESPONSIBLE FOR OVERSEEING THE TRUST'S ACTIVITIES; AND

(VI)   A STATEMENT REGARDING WHETHER THE PROVIDER IS
QUALIFIED, OR INTENDS TO QUALIFY, AS A TAX-EXEMPT ORGANIZATION UNDER
THE INTERNAL REVENUE CODE;

(3)     A STATEMENT REGARDING ANY AFFILIATION OF THE PROVIDER
WITH A RELIGIOUS, CHARITABLE OR OTHER NONPROFIT ORGANIZATION, AND THE
EXTENT TO WHICH THE ORGANIZATION IS RESPONSIBLE FOR THE FINANCIAL AND
CONTRACTUAL OBLIGATIONS OF THE PROVIDER;

(4)     A DESCRIPTION OF ALL FEES, INCLUDING ENTRANCE FEES, HEALTH
CARE FEES, AND PERIODIC FEES, COLLECTED BY THE PROVIDER FROM
SUBSCRIBERS, SETTING FORTH THE AMOUNT AND FREQUENCY OF THE ANNUAL
PERCENTAGE
FEE CHANGES DURING EACH OF THE PREVIOUS 5 YEARS. IF THE
FACILITY HAS BEEN IN OPERATION LESS THAN 5 YEARS, THEN THE DESCRIPTION
SHALL BE FOR EACH YEAR THAT IT HAS BEEN IN OPERATION;

(5)     A STATEMENT THAT PROVISIONS DESCRIBING PROVISIONS THAT
HAVE BEEN OR WILL BE MADE TO COMPLY WITH THE OPERATING RESERVE

- 2061 -

 

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Session Laws, 1996
Volume 794, Page 2061   View pdf image
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