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2007 Laws of Maryland
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Ch.3
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COMPANY THAT WILL MANAGE THE DAY-TO-DAY OPERATIONS OF THE FACILITY
AFTER THE SALE OR OTHER TRANSFER AND A DESCRIPTION OF THE BUSINESS
EXPERIENCE OF THE MANAGER OR COMPANY IN OPERATING OR MANAGING SIMILAR
FACILITIES;
(VIII) A DESCRIPTION OF ANY MATTER IN WHICH A PERSON
IDENTIFIED IN ITEM (III)6 OF THIS PARAGRAPH:
1. HAS BEEN CONVICTED OF A FELONY OR PLEADED NOLO
CONTENDERE TO A FELONY CHARGE, IF THE FELONY INVOLVED FRAUD,
EMBEZZLEMENT, FRAUDULENT CONVERSION, OR MISAPPROPRIATION OF PROPERTY;
2. HAS BEEN HELD LIABLE OR ENJOINED IN A CIVIL ACTION
BY FINAL JUDGMENT, IF THE CIVIL ACTION INVOLVED FRAUD, EMBEZZLEMENT,
FRAUDULENT CONVERSION, OR MISAPPROPRIATION AS A FIDUCIARY;
3. WAS SUBJECT TO AN EFFECTIVE INJUNCTIVE OR
RESTRICTIVE ORDER OF A COURT OF RECORD IN AN ACTION THAT AROSE OUT OF OR
RELATED TO BUSINESS ACTIVITY OR HEALTH CARE, INCLUDING AN ACTION THAT
AFFECTED A LICENSE TO OPERATE A FACILITY OR SERVICE FOR SENIOR IMPAIRED,
OR DEPENDENT PERSONS; OR
4. WITHIN THE PAST 10 YEARS, HAD A STATE OR FEDERAL
LICENSE OR PERMIT SUSPENDED OR REVOKED BECAUSE OF AN ACTION BROUGHT
BY A GOVERNMENTAL UNIT ARISING OUT OF OR RELATING TO BUSINESS ACTIVITY
OR HEALTH CARE, INCLUDING ACTIONS AFFECTING A LICENSE TO OPERATE A
FACILITY OR SERVICE FOR SENIOR IMPAIRED, OR DEPENDENT PERSONS;
(IX) A FINANCIAL PLAN PROVIDED BY THE ENTITY THAT WILL BE
THE PROVIDER AFTER THE PROPOSED SALE OR OTHER TRANSFER IS COMPLETED IN
A FORM REASONABLY ACCEPTABLE TO THE DEPARTMENT THAT DEMONSTRATES
THE PROJECTED EFFECTS OF THE SALE OR TRANSFER ON THE FINANCIAL
OPERATIONS OF THE PROVIDER AND THE FACILITY, INCLUDING ANY OBLIGATIONS
OF THE PROVIDER TO MAKE PAYMENTS IN CONNECTION WITH THE SALE OR
TRANSFER FROM THE FINANCIAL RESOURCES OF THE PROVIDER OR THE FACILITY;
AND
(X) A STATEMENT BY THE ENTITY THAT WILL BE THE PROVIDER
AFTER THE PROPOSED SALE OR TRANSFER IS COMPLETED THAT DEMONSTRATES
THAT THE SALE OR TRANSFER IS NOT LIKELY TO HAVE AN UNREASONABLY ADVERSE
EFFECT ON:
1. THE PROVIDER'S FINANCIAL STABILITY; OR
2. THE PROVIDERS CAPACITY TO PERFORM ITS CONTINUING
CARE AGREEMENT OBLIGATIONS TO SUBSCRIBERS.
(2) IN ADDITION TO THE INFORMATION REQUIRED TO BE PROVIDED
UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PROVIDER SUBJECT TO § 10-432(B) OF
THIS SUBTITLE AND ANY PROPOSED NEW PROVIDER SHALL PROVIDE TO THE
DEPARTMENT ANY OTHER INFORMATION THAT THE DEPARTMENT REQUIRES TO
EVALUATE THE PROPOSED TRANSACTION.
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- 462 -
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