|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Martin O'Malley, Governor
|
|
|
|
|
|
Ch.3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PROVIDER OR AN AFFILIATE OF THE PROVIDER, WHETHER OR NOT THE SERVICES
ARE SPECIFICALLY OFFERED IN THE WRITTEN AGREEMENT FOR SHELTER:
(1) TO AN INDIVIDUAL WHO IS AT LEAST 60 YEARS OF AGE AND NOT
RELATED BY BLOOD OR MARRIAGE TO THE PROVIDER;
(2) FOR THE LIFE OF THE INDIVIDUAL OR FOR A PERIOD EXCEEDING 1
YEAR; AND
(3) UNDER ONE OR MORE WRITTEN AGREEMENTS THAT REQUIRE A
TRANSFER OF ASSETS OR AN ENTRANCE FEE NOTWITHSTANDING PERIODIC
CHARGES.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 70B, § 7(d) and (r).
In the introductory language of this section, the former phrase "for use by
a subscriber" is deleted as surplusage.
The former defined term "[m]aking available either medical and nursing
services or other health related services" in former Art. 70B, § 7(r) was only
used in the former definition of "[continuing care" in former § 7(d). The
elements of former § 7(r) are incorporated into the revised definition of
"[Continuing care in a retirement community" in this subsection.
In this subsection and throughout this subtitle, references to "continuing
care in a retirement community" are substituted for former references to
"continuing care", where appropriate, to clearly distinguish it from
"continuing care at home".
Defined terms: "Entrance fee" § 10-401
"Health related services" § 10-401
"Provider" § 10-401
(H) CONTRACTUAL ENTRANCE FEE REFUND.
(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 INCLUDE A
PAYMENT REQUIRED UNDER § 10-446 OR § 10-448 OF THIS SUBTITLE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 70B, § 7(f).
In paragraph (2) of this subsection, the word "include" is substituted for
the former word "mean" to conform to standard language used in
definitions throughout other revised articles of the Code.
|
|
|
|
|
|
|
|
|
|
- 421 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
