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2007 Laws of Maryland
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Ch.3
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the "Administrative Procedure Act" for clarity and accuracy.
In subsection (c)(2) of this section, the phrase "[a] person other than the
provider may not ... be" a party in interest is substituted for the former
phrase "[n]o other person shall be deemed to be" a party in interest for
clarity.
In subsection (c)(3) of this section, the former phrase "[i]f an appeal is
taken by the provider" is deleted as implicit.
In subsection (d)(2) of this section, the former reference to a "hearing
officer" is deleted as obsolete.
Defined terms: "Continuing care agreement" § 10-401
"Department" § 10-101
"Person" §§ 1-101, 10-401
"Provider" § 10-401
"Subscriber" § 10-401
10-436. SALE OR TRANSFER OF ASSETS.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO:
(1) A TRANSACTION UNDERTAKEN UNDER A CONTRACTUAL
OBLIGATION IN EFFECT ON OCTOBER 1, 1996;
(2) A TRANSACTION MADE IN THE ORDINARY COURSE OF BUSINESS OF
OPERATING A FACILITY;
(3) A REFUND UNDER A CONTRACT ENTERED INTO IN THE ORDINARY
COURSE OF BUSINESS;
(4) A TRANSFER OF CASH, SECURITIES, OR OTHER INVESTMENT
PROPERTY IN CONNECTION WITH AN ORDINARY INVESTMENT TRANSACTION;
(5) A GRANT OF A MORTGAGE, DEED OF TRUST, OR SECURITY INTEREST
TO AN UNRELATED THIRD PARTY;
(6) A TRANSACTION INVOLVING AN EASEMENT, RIGHT-OF-WAY, ROAD
WIDENING, OR SIMILAR CONVEYANCE FOR THE BENEFIT OF A PUBLIC BODY OR A
UTILITY;
(7) A TRANSACTION MADE FOR AN EXPANSION OR RENOVATION; OR
(8) ANY OTHER SALE, TRANSFER OR OTHER DISPOSITION EXEMPTED BY
THE DEPARTMENT BY REGULATION.
(B) RESTRICTIONS ON SALE OR TRANSFER OF ASSETS.
(1) A PROVIDER THAT HOLDS A PRELIMINARY, INITIAL, OR RENEWAL
CERTIFICATE OF REGISTRATION MAY NOT SELL, TRANSFER OR OTHERWISE DISPOSE
OF MORE THAN 10% OF ITS TOTAL ASSETS IN ANY 12-MONTH PERIOD UNLESS THE
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- 466 -
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