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Ch. 150
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2002 LAWS OF MARYLAND
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Any subscriber injured by a violation of this subtitle may bring an APPROPRIATE
ACTION FOR EQUITABLE RELIEF OR AN action for the recovery of damages to any
court of general jurisdiction. In such cases the court, may award reasonable attorney's
fees to a subscriber in whose favor a judgment is rendered.
20.
(a) [Any subscriber injured by a violation of this subtitle, or the] THE
Department [on behalf of any subscriber,] may institute an action for an appropriate
temporary restraining order or injunction FOR A VIOLATION OF THIS SUBTITLE.
(B) THE DEPARTMENT MAY USE THE RECEIVERSHIP PROVISIONS OF THIS
SUBTITLE TO PROTECT THE INTERESTS OF CONTINUING CARE SUBSCRIBERS IN:
(1) THE SUBSTANTIAL ADVANCE PAYMENTS SUBSCRIBERS HAVE MADE
IN THE FORM OF ENTRANCE FEES AND, WHEN APPLICABLE, PERIODIC FEES, FOR
FUTURE CONTINUING CARE WITHOUT NECESSARILY HAVING ANY OWNERSHIP IN OR
CONTROL OF THE PROVIDER OR THE FACILITY;
(2) THE INSURANCE ASPECTS OF CONTINUING CARE AGREEMENTS, AS
APPLICABLE; AND
(3) THE CONTINUED DELIVERY OF SERVICES COMMITTED TO UNDER
CONTINUING CARE AGREEMENTS.
(C) [Any injured subscriber, or the] THE Department [on behalf of any
injured subscriber,] may petition for the appointment of a receiver:
(1) In the event of a threat of immediate closure of a facility;
(2) If the provider is not honoring its contracts with its subscribers; [or]
(3) To prohibit the improper diversion of its assets and records from the
facility or the State; OR
(4) IF THE DEPARTMENT HAS MADE A DETERMINATION OF A
SIGNIFICANT RISK OF FINANCIAL FAILURE IN ACCORDANCE WITH § 17A(D) AND (H)
OF THIS SUBTITLE.
(D) THE DEPARTMENT MAY PURSUE THE APPOINTMENT OF A RECEIVER
PRIOR TO THE PROVIDER FILING A PLAN OF CORRECTION.
[(b)] (E) The receiver shall have such power to rehabilitate, conserve, or
liquidate as is conferred by the order of appointment and by the provisions of [Title 9,
Subtitle 2 of the Insurance Article relating to rehabilitation and liquidation of
insurance companies] SECTIONS 20A THROUGH 20U OF THIS SUBTITLE.
20A.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND SUBJECT TO THE
PROVISIONS OF § 21 OF THIS ARTICLE, A DELINQUENCY PROCEEDING WITH RESPECT
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