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Ch.3
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2007 Laws of Maryland
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(1) IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE, THE PROVIDER MAY APPEAL THE DEPARTMENT'S DECISION
ON THE PROPOSED SALE, TRANSFER OR OTHER DISPOSITION OF ASSETS.
(2) A PERSON OTHER THAN THE PROVIDER MAY NOT APPEAL THE
DEPARTMENT'S DECISION OR BE A PARTY IN INTEREST TO THE PROCEEDINGS.
(E) COMPLETION OF TRANSFER OR OTHER DISPOSITION.
A SALE, TRANSFER OR OTHER DISPOSITION OF ASSETS SUBJECT TO THIS PART
MAY NOT BE COMPLETED UNTIL 5 DAYS AFTER THE LATER OF:
(1) THE DAY THE DEPARTMENT ISSUES THE NOTICE REQUIRED UNDER
SUBSECTION (A)(2) OF THIS SECTION OF ITS DECISION TO APPROVE THE SALE,
TRANSFER OR OTHER DISPOSITION; OR
(2) IF AN APPEAL IS TAKEN UNDER SUBSECTION (D) OF THIS SECTION,
THE DAY THE ADMINISTRATIVE LAW JUDGE ISSUES A DECISION TO ALLOW THE
SALE, TRANSFER OR OTHER DISPOSITION OF ASSETS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 11E(d), (e), (f), (g), and (h).
In subsection (a)(2) of this section, the requirement that the Department
"notify" the provider of its determination is substituted for the former
requirement that the determination be "communicated to" the provider for
clarity. Similarly, in subsection (a)(3) of this section, the reference to the
written "notice" is substituted for the former reference to the written
"communication".
In subsection (b)(2) of this section, the reference to "its" continuing care
agreements is substituted for the former reference to the continuing care
agreements "to which it is a party" for brevity.
In subsection (c)(2) of this section, the requirement that the Department
approve a proposed transaction "[i]f the Department determines that the
provider has met the objective financial standards" is substituted for the
former phrase "satisfaction of which will result in approval" for clarity.
In subsection (c)(3) of this section, the authority for the Department to
approve a proposed transaction "if it satisfies the requirements set forth in
subsection (b) of this section" is substituted for the former prohibition that
"[t]hose objective standards may not be the only basis on which a
determination can be made that a proposed [transaction] satisfies the
condition" set forth in subsection (b) of this section for brevity and clarity.
In subsection (d)(1) of this section, the reference to "Title 10, Subtitle 2 of
the State Government Article" is substituted for the former reference to
the "Administrative Procedure Act" for clarity and accuracy.
In subsection (d)(2) of this section, the phrase "[a] person other than the
provider may not ... be" a party in interest is substituted for the former
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