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Ch. 150
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2002 LAWS OF MARYLAND
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(3) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A GOVERNING BODY MEMBER SELECTED TO MEET THE REQUIREMENTS
OF THIS SUBSECTION SHALL BE A SUBSCRIBER AT A FACILITY IN THE STATE AND BE
SELECTED ACCORDING TO THE SAME GENERAL WRITTEN STANDARDS AND CRITERIA
USED TO SELECT OTHER MEMBERS OF THE GOVERNING BODY.
(II) THE GOVERNING BODY SHALL CONFER WITH THE RESIDENT
ASSOCIATION AT EACH FACILITY OF THE PROVIDER BEFORE THE SUBSCRIBER
OFFICIALLY JOINS THE GOVERNING BODY.
[(b)] (C) [Each] A PROVIDER THAT DOES NOT HAVE A governing body [of a
provider that does not have at least one subscriber as a member or as a regular
attendee at its meeting with a right to address the governing body] shall appoint a
select committee of its [members] OFFICERS OR PARTNERS to meet at least twice
annually with the [facility's] resident association AT EACH OF ITS FACILITIES to
address concerns of the subscribers and to ensure that the opinions of subscribers are
relayed to [the governing body] ALL OFFICERS OR PARTNERS OF THE PROVIDER. If a
[community] FACILITY does not have a resident association, the committee shall
meet with a reasonable number of representatives, not required to exceed fifteen,
elected by the subscribers.
(D) COPIES OF ALL MATERIALS THAT A PROVIDER SUBMITS TO THE
DEPARTMENT THAT ARE REQUIRED TO BE DISCLOSED UNDER THE PUBLIC
INFORMATION ACT SHALL BE MADE READILY AVAILABLE BY THE PROVIDER FOR ITS
SUBSCRIBERS TO REVIEW AT THE FACILITY.
11B.
(a) In this section, "net operating expenses" means the provider's total
operating expenses related to furnishing continuing care at each facility of the
provider, less depreciation, amortization, unusual and infrequent expenses, and
changes in the obligation to provide future services. Interest expenses may be
excluded from calculation of net operating expenses, if the provider has funded a debt
service reserve or other interest reserve under requirements imposed by a financial
institution or under applicable financing documents, to the extent and in the amount
the fund includes amounts to cover interest for the year in question.
(b) Except as otherwise provided in this section, the provider shall set aside
for each facility subject to this subtitle operating reserves that equal 15% of the
facility's net operating expenses for the most recent fiscal year for which a certified
financial statement is available. The reserves shall be maintained in reasonably
liquid form in the judgment of the provider.
(c) The provider shall compute operating reserves for each facility as of the
end of the facility's most recent fiscal year and, simultaneously with submission of its
application for a renewal certificate, shall indicate compliance by setting forth in a
letter to the Department from a certified public accountant the amount actually set
aside or by disclosing the amount in a certified financial statement.
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- 1492 -
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