Ch. 346                                   1996 LAWS OF MARYLAND

(II) ANY OTHER INFORMATION THAT THE OFFICE REQUIRES.

(D)    AFTER REVIEWING THE INFORMATION REQUIRED BY SUBSECTION (C) OF
THIS SECTION, THE OFFICE SHALL MAKE A DETERMINATION AS TO WHETHER THE
SALE, TRANSFER, OR OTHER DISPOSITION SATISFIES THE STANDARD OF
SUBSECTION (E) OF THIS SECTION. THE DETERMINATION BY THE OFFICE SHALL BE
MADE AND COMMUNICATED TO THE PROVIDER IN WRITING BY THE 25TH DAY
AFTER THE DATE OF THE NOTICE REQUIRED BY SUBSECTION (C)(II) SUBSECTION
(C)(1) OF THIS SECTION, UNLESS EXTENDED BY THE OFFICE FOR GOOD CAUSE. IF
THE. DETERMINATION OF THE OFFICE IS NOT TO APPROVE THE PROPOSED SALE,
TRANSFER, OR OTHER DISPOSITION, THE OFFICE SHALL SET FORTH ITS REASONING
AS TO ITS DETERMINATION IN THE WRITTEN COMMUNICATION TO THE PROVIDER.

(E)     THE OFFICE SHALL APPROVE THE SALE, TRANSFER, OR OTHER
DISPOSITION OF ASSETS UNLESS IT DETERMINES THAT THE SALE TRANSFER, OR
OTHER DISPOSITION 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 THE PROVIDER'S CAPACITY TO
PERFORM ITS OBLIGATIONS UNDER THE CONTINUING CARE AGREEMENTS TO
WHICH IT IS A PARTY.

(F)     THE OFFICE SHALL ADOPT REGULATIONS SETTING FORTH REASONABLE
OBJECTIVE FINANCIAL STANDARDS FOR PROPOSED SALES, TRANSFERS, OR OTHER
DISPOSITIONS OF ASSETS, SATISFACTION OF WHICH WILL RESULT IN APPROVAL.
THOSE OBJECTIVE STANDARDS MAY NOT BE THE ONLY BASIS ON WHICH A
DETERMINATION CAN BE MADE THAT A PROPOSED SALE, TRANSFER, OR OTHER
DISPOSITION SATISFIES THE CONDITION SET FORTH IN SUBSECTION (E) OF THIS
SECTION.

(G)    THE DETERMINATION BY THE OFFICE WITH RESPECT TO A PROPOSED
SALE, TRANSFER, OR OTHER DISPOSITION OF ASSETS 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.

(H) A TRANSFER OR OTHER DISPOSITION OF ASSETS SUBJECT TO THIS
SECTION MAY NOT BE COMPLETED UNTIL AFTER THE 5TH DAY FOLLOWING THE
LATER OF:

(1) THE DAY ON WHICH THE OFFICE ISSUES THE NOTICE SPECIFIED IN
SUBSECTION (D) OF THIS SECTION OF A DETERMINATION TO APPROVE THE SALE OR
OTHER TRANSFER; OR

(2) THE HEARING OFFICER OR ADMINISTRATIVE LAW JUDGE RENDERS
A DECISION PERMITTING SUCH TRANSFER OR OTHER DISPOSITION OF ASSETS IF
APPEAL IS TAKEN UNDER SUBSECTION (G) OF THIS SECTION.

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