PARRIS N. GLENDENING, Governor                             Ch. 346

(XI) ANY OTHER INFORMATION THAT THE OFFICE REQUIRES.

(3)     FOR THE FIRST FIFTEEN DAYS AFTER GIVING THE NOTICE
SPECIFIED IN PARAGRAPH (1)(II) OF THIS SUBSECTION, SUBSCRIBERS MAY SUBMIT
TO THE PROVIDER AND TO THE OFFICE WRITTEN QUESTIONS AND COMMENTS ON
THE PROPOSED SALE OR OTHER TRANSFER.

(4)     NOT LATER THAN THE 25TH DAY AFTER THE NOTICE SPECIFIED IN
PARAGRAPH (1)(II) OF THIS SUBSECTION, REPRESENTATIVES OF THE PROVIDER
SHALL HOLD A MEETING WITH REPRESENTATIVES OF THE SUBSCRIBERS OF THE
AFFECTED FACILITY TO DISCUSS THE PROPOSED SALE OR OTHER TRANSFER.
REPRESENTATIVES OF THE SUBSCRIBERS SHALL BE CHOSEN BY THE SUBSCRIBERS
AND MAY NOT EXCEED 15 IN NUMBER. THE NAMES AND ADDRESSES OF THE
SUBSCRIBER REPRESENTATIVES SHALL BE GIVEN BY THE REPRESENTATIVES TO
THE PROVIDER AND TO THE OFFICE. REPRESENTATIVES OF THE OFFICE MAY
ATTEND SUCH MEETING.

(5)     FOR THE FIRST 10 DAYS AFTER THE MEETING SPECIFIED IN
PARAGRAPH (4) OF THIS SUBSECTION, SUBSCRIBERS MAY SUBMIT TO THE PROVIDER
AND TO THE OFFICE ADDITIONAL WRITTEN COMMENTS ON THE PROPOSED SALE OR
OTHER TRANSFER.

(C)     AFTER REVIEWING THE INFORMATION AS REQUIRED IN SUBSECTION (B)
OF THIS SECTION, THE OFFICE SHALL MAKE A DETERMINATION AS TO, WHETHER
THE SALE OR OTHER TRANSFER SATISFIES THE STANDARD FOR APPROVAL IN
SUBSECTION (D) OF THIS SECTION. THE DETERMINATION BY THE OFFICE SHALL BE
MADE BY THE 50TH DAY AFTER THE DATE OF THE NOTICE REQUIRED BY
SUBSECTION (B)(1)(II) OF THIS SECTION, UNLESS EXTENDED BY THE OFFICE FOR
GOOD CAUSE. THE OFFICE SHALL NOTIFY THE PROVIDER AND THE SUBSCRIBER
REPRESENTATIVES IN WRITING OF ITS DETERMINATION AND RATIONALE

(D)    THE OFFICE SHALL APPROVE A SALE OR OTHER TRANSFER OF
OWNERSHIP OR CONTROL UNLESS THE OFFICE DETERMINES THAT THE SALE OR
OTHER TRANSFER IS LIKELY TO HAVE AN UNREASONABLY ADVERSE IMPACT ON
THE FINANCIAL STABILITY OF THE PROVIDER OR IS LIKELY TO HAVE AN
UNREASONABLY ADVERSE AFFECT EFFECT ON A PROVIDER'S CAPACITY TO
PERFORM ITS OBLIGATIONS UNDER THE CONTINUING CARE AGREEMENTS TO
WHICH IT IS A PARTY.

(E)     THE DECISION BY THE OFFICE WITH RESPECT TO THE PROPOSED SALE OR
OTHER TRANSFER IS SUBJECT TO APPEAL ONLY BY THE PROVIDER IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURES ACT. NO OTHER PERSON SHALL BE
DEEMED TO BE A PARTY IN INTEREST TO THE PROCEEDINGS. IF AN APPEAL IS
TAKEN BY THE PROVIDER, THE OFFICE SHALL GIVE PROMPT NOTICE OF THE
APPEAL TO THE SUBSCRIBER REPRESENTATIVES. THE OFFICE SHALL GIVE
SUBSCRIBER REPRESENTATIVES PROMPT NOTICE OF ANY DECISION RENDERED IN
THE APPEAL.

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