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PARRIS N. GLENDENING, Governor
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Ch. 150
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(b) "Assisted living program" has the meaning stated in § 19-1801 of the
Health - General Article.
(c) "Certified financial statement" means a complete audit prepared and
certified by an independent certified public accountant.
(d) [(1)] "Continuing care" means furnishing OR MAKING AVAILABLE shelter
and either medical and nursing services or other health related services to an
individual 60 years of age or older not related by blood or marriage to the provider for
the life of the individual or for a period in excess of 1 year under [a] ONE OR MORE
written [agreement] AGREEMENTS that [requires] REQUIRE a transfer of assets or
an entrance fee notwithstanding periodic charges.
[(2) "Health related services" means, at a minimum, priority for nursing
home admission or assistance in the activities of daily living, exclusive of the
provision of meals.
(3) Medical and nursing services and other health related services may
be covered by the entrance fee, the periodic charges, or may be purchased, at the
option of the subscriber, for an additional fee.]
(e) "Continuing care agreement" means [the] AN agreement between [the] A
provider and A subscriber to provide continuing care.
(F) (1) "CONTRACTUAL ENTRANCE FEE REFUND" MEANS A REPAYMENT OF
ALL OR PART OF A SUBSCRIBER'S ENTRANCE FEE TO THE SUBSCRIBER OR THE
SUBSCRIBER'S ESTATE OR DESIGNATED BENEFICIARY, AS REQUIRED BY THE TERMS
OF THE CONTINUING CARE AGREEMENT.
(2) "CONTRACTUAL ENTRANCE FEE REFUND" DOES NOT MEAN A
PAYMENT REQUIRED BY § 14 OR § 15 OF THIS SUBTITLE.
(G) "CREDITOR" MEANS A PERSON WITH A CLAIM AGAINST A CONTINUING
CARE PROVIDER
(H) "DELINQUENCY PROCEEDING" MEANS A PROCEEDING UNDER THIS
SUBTITLE TO LIQUIDATE, REHABILITATE, REORGANIZE, OR CONSERVE A
CONTINUING CARE PROVIDER.
[(f)] (I) "Deposit" means a portion of an entrance fee.
[(g)] (J) (1) "Entrance fee" means an initial or deferred payment of a sum of
money or any other consideration other than a surcharge that assures a subscriber
continuing care for a term of years or for life. An accommodation fee, admission fee, or
other fee of similar form and application shall be considered to be an entrance fee A
SUM OF MONEY OR OTHER CONSIDERATION, OTHER THAN A SURCHARGE, PAID
INITIALLY OR IN DEFERRED PAYMENTS, THAT:
(I) ASSURES A SUBSCRIBER CONTINUING CARE FOR A TERM OF
MORE THAN 1 YEAR OR FOR LIFE; AND
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- 1487 -
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