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PARRIS N. GLENDENING, Governor
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Ch. 150
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restoration actually incurred by the provider and set forth in writing in a separate
addendum to the agreement and signed by the subscriber, and
(ii) A processing fee approved by the Department.
(2) In the event that the subscriber rescinds the continuing care
agreement within 90 days after entering into the agreement and prior to the date of
occupancy of the unit for any reason other than the reasons specified in subsection
(b)(1) of this section, the refund provisions shall be the same as those provided for in
subsection (b)(1) of this section. If, prior to the date of occupancy of a unit, the
subscriber rescinds the continuing care agreement after the 90-day period for any
reason other than the reasons specified in subsection (b)(1) of this section, the
provider may require the subscriber to forfeit an amount up to 25% of the subscriber's
entrance fee deposit.
(c) A subscriber may rescind a continuing care agreement at any time if the
terms of the agreement are in violation of the terms of this subtitle and the subscriber
is injured by the violation. The subscriber shall be entitled to treble damages for
extensive injuries arising from the violations.
(d) (1) If an applicant for admission to a continuing care facility withdraws
the application prior to execution of a continuing care agreement, the applicant shall
receive a full refund of all moneys paid to the provider except a processing fee
approved by the Department.
(2) THE REFUND SHALL BE PAID WITHIN 60 DAYS OF THE WITHDRAWAL.
14A.
(A) (1) IF A SUBSCRIBER'S CONTINUING CARE AGREEMENT IS AN
EXTENSIVE OR MODIFIED AGREEMENT THAT PROMISES A PROVIDER WILL PROVIDE
ASSISTED LIVING SERVICES, AND IF THE PROVIDER DOES NOT HAVE AN ASSISTED
LIVING BED AVAILABLE AT THE FACILITY WHEN THE SUBSCRIBER NEEDS THE
PROMISED CARE, THE PROVIDER SHALL PROVIDE THE ASSISTED LIVING SERVICES
THE SUBSCRIBER NEEDS IN ACCORDANCE WITH PARAGRAPH (2) OF THIS
SUBSECTION.
(2) THE PROVIDER SHALL PROVIDE ASSISTED LIVING SERVICES
REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION TO A SUBSCRIBER:
(I) AT THE SAME RATE THE SUBSCRIBER WOULD HAVE TO PAY IF
AN ASSISTED LIVING BED WAS AVAILABLE; AND
(II) AT THE PROVIDER'S OPTION:
1. IN THE SUBSCRIBER'S INDEPENDENT LIVING UNIT; OR
2. IN A NEARBY LICENSED ASSISTED LIVING FACILITY.
(B) (1) IF A SUBSCRIBER'S CONTINUING CARE AGREEMENT IS AN
EXTENSIVE OR MODIFIED AGREEMENT THAT PROMISES THE PROVIDER WILL
PROVIDE THE SUBSCRIBER WITH COMPREHENSIVE CARE SERVICES IF THE
SUBSCRIBER NEEDS THEM, AND IF THE PROVIDER DOES NOT HAVE A
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- 1499 -
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