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Martin O'Malley, Governor
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Ch.3
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(B) CALCULATION OF PRO RATA PROPORTION OF NET OPERATING EXPENSES.
THE PRO RATA PROPORTION OF THE NET OPERATING EXPENSES EQUALS THE
NUMBER OF UNITS IN THE FACILITY FOR WHICH THE DEPARTMENT HAS ISSUED A
CERTIFICATE OF REGISTRATION DIVIDED BY THE TOTAL NUMBER OF
ACCOMMODATIONS IN THE FACILITY MULTIPLIED BY THE NET OPERATING
EXPENSES FOR THE MOST RECENT FISCAL YEAR FOR WHICH A CERTIFIED
FINANCIAL STATEMENT IS AVAILABLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 11B(h).
In subsection (a) of this section, the reference to the pro rata proportion of
the net operating expenses "calculated under subsection (b) of this section"
is added for clarity.
Defined terms: "Certified financial statement" § 10-401
"Continuing care agreement" § 10-401
"Conversion" § 10-401
"Department" § 10-101
"Facility" § 10-401
"Net operating expenses" § 10-419
"Provider" § 10-401
10-424. DISCLOSURE STATEMENTS — IN GENERAL.
(A) REQUIRED.
(1) A PROVIDER SHALL GIVE WITHOUT COST A DISCLOSURE STATEMENT
FOR EACH FACILITY FOR WHICH THE PROVIDER HOLDS A PRELIMINARY, INITIAL, OR
RENEWAL CERTIFICATE OF REGISTRATION:
(I) TO A PROSPECTIVE SUBSCRIBER BEFORE THE EARLIER OF
PAYMENT OF ANY PART OF THE ENTRANCE FEE OR EXECUTION OF A CONTINUING
CARE AGREEMENT; AND
(H) ANNUALLY TO ANY SUBSCRIBER WHO REQUESTS A
DISCLOSURE STATEMENT.
(2) A PROVIDER SHALL SUBMIT ITS INITIAL DISCLOSURE STATEMENT TO
THE DEPARTMENT FOR REVIEW AT LEAST 45 DAYS BEFORE GIVING THE STATEMENT
TO ANY PROSPECTIVE SUBSCRIBER
(B) ANNUAL REVISIONS.
(1) A PROVIDER SHALL REVISE THE DISCLOSURE STATEMENT
ANNUALLY AND FILE IT WITH THE DEPARTMENT WITHIN 120 DAYS AFTER THE END
OF THE PROVIDER'S FISCAL YEAR
(2) THE DEPARTMENT SHALL REVIEW THE DISCLOSURE STATEMENT
SOLELY TO ENSURE COMPLIANCE WITH § 10-425 OF THIS SUBTITLE.
(C) AMENDED STATEMENTS.
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- 449 -
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