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Martin O'Malley, Governor
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Ch.3
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(IV) A CASH FLOW PROJECTION FOR THE CURRENT FISCAL YEAR
AND THE NEXT TWO FISCAL YEARS;
(V) A PROJECTION OF THE LIFE EXPECTANCY AND THE NUMBER
OF RESIDENTS WHO WILL REQUIRE NURSING HOME CARE;
(VI) AN ACTUARIAL STUDY REVIEWED BY A QUALIFIED ACTUARY
AND SUBMITTED EVERY 3 YEARS, UNLESS THE PROVIDER IS EXEMPTED FROM THE
REQUIREMENT FOR AN ACTUARIAL STUDY BY REGULATIONS ADOPTED BY THE
DEPARTMENT EXEMPTING CATEGORIES OF PROVIDERS THAT THE DEPARTMENT
DETERMINES HAVE SUBSTANTIALLY LIMITED LONG-TERM CARE LIABILITY
EXPOSURE;
(VII) THE FORM AND SUBSTANCE OF ANY PROPOSED
ADVERTISEMENT, ADVERTISING CAMPAIGN, OR OTHER PROMOTIONAL MATERIAL
NOT PREVIOUSLY SUBMITTED TO THE DEPARTMENT; AND
(VIII) ANY FURTHER INFORMATION THAT THE DEPARTMENT
REQUIRES.
(B) FAILURE TO MAKE TIMELY APPLICATION.
(1) THE DEPARTMENT MAY CHARGE A LATE FEE IF THE APPLICATION
AND ACCOMPANYING INFORMATION ARE NOT RECEIVED BY THE DEPARTMENT
WITHIN 120 DAYS AFTER THE END OF THE PROVIDER'S FISCAL YEAR
(2) FAILURE TO FILE THE REQUIRED INFORMATION WITHIN 90 DAYS
AFTER THE DUE DATE IS A VIOLATION OF THIS SUBTITLE.
(C) ISSUANCE.
THE DEPARTMENT SHALL ISSUE A RENEWAL CERTIFICATE OF REGISTRATION
IF THE DEPARTMENT DETERMINES THAT:
(1) THE REQUIRED DOCUMENTS HAVE BEEN FILED;
(2) ANY REVISED CONTINUING CARE AGREEMENTS MEET THE
REQUIREMENTS OF THIS SUBTITLE;
(3) IF THE PROVIDER HAS BEEN FOUND TO BE IN FINANCIAL
DIFFICULTY, THE PROVIDER HAS COMPLIED WITH PART VII OF THIS SUBTITLE;
(4) WHEN APPROPRIATE, THE FACILITY HAS BEEN LICENSED OR
CERTIFIED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR THE
DEPARTMENT; AND
(5) THE FORM AND SUBSTANCE OF ALL ADVERTISEMENTS,
ADVERTISING CAMPAIGNS, AND OTHER PROMOTIONAL MATERIALS SUBMITTED TO
THE DEPARTMENT ARE NOT DECEPTIVE, MISLEADING, OR LIKELY TO MISLEAD.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 11(e) through (g).
In the introductory language of subsection (a) of this section, the reference
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- 441 -
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