ROBERT L. EHRLICH, JR., Governor                               Ch. 84

(1)     The number of comprehensive or domiciliary beds in the facility, for
which licenses are required by the Department of Health and Mental Hygiene, is not
inconsistent with the State health plan;

(2)     A reasonable financial plan has been developed for developing and
operating the project;

(3)     A market for the facility appears to exist;

(4)     The feasibility study was prepared by a recognized authority;

(5)     The actuarial forecast supports the projections for the project;

(6)     The escrow agreement and deposit agreement are approved by the
Department [and state that all deposits will be held in escrow until the issuance of a
certificate of registration, construction is complete, the provider has been issued a
certificate of occupancy or the equivalent by the appropriate local jurisdiction, and
the provider has been issued appropriate licenses or certificates by the Department of
Health and Mental Hygiene or the Department]; and

(7)     The approved escrow agreement is executed by the provider and the
financial institution.

(e) A provider may not enter into a continuing care agreement until the
issuance of a preliminary certificate of registration by the Department. The
application shall be filed in a form satisfactory to the Department and shall contain at
least the following information:

(1)     The name and address of the facility and the name and address of
any affiliate, 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;

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