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Ch.3
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Martin O'Malley, Governor
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phrase "[n]o other person shall be deemed to be" a party in interest for
clarity.
In the introductory language of subsection (e) and in subsection (e)(2) of
this section, the reference to a "sale", transfer, or other disposition is added
for consistency within this section. Similarly, in subsection (e)(1) of this
section, the reference to a sale, transfer, "or other disposition" is added.
These additions are called to the attention of the General Assembly.
In subsection (e)(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
10-439. TERMINATION OF OR FAILURE TO RENEW LEASE AFTER CONVERSION.
A PROVIDER WHOSE FACILITY HAS BEEN THE SUBJECT OF A CONVERSION MAY
NOT TERMINATE OR FAIL TO RENEW A LEASE FOR AN ACCOMMODATION DM ORDER
TO ENTER INTO A CONTINUING CARE AGREEMENT FOR THAT ACCOMMODATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 11F.
Defined terms: "Continuing care agreement" § 10-401
"Conversion" § 10-401
"Facility" § 10-401
"Provider" § 10-401
10-440. REMOVAL OF RECORDS OR ASSETS FROM STATE.
(A) IN GENERAL.
A PROVIDER MAY NOT REMOVE A RECORD OR ASSET OF THE PROVIDER
RELATED TO THE OPERATION OF A FACILITY OR THE PROVISION OF SERVICES
UNDER A CONTINUING CARE AGREEMENT FROM THE STATE UNLESS THE
DEPARTMENT CONSENTS IN WRITING.
(B) CONSENT OF DEPARTMENT.
CONSENT SHALL BE BASED ON THE PROVIDER'S SUBMISSION OF
SATISFACTORY EVIDENCE THAT THE REMOVAL:
(1) WILL FACILITATE AND MAKE THE OPERATIONS OF THE PROVIDER
MORE ECONOMICAL; AND
(2) WILL NOT DIMINISH THE SERVICE OR PROTECTION TO BE GIVEN TO
THE PROVIDER'S SUBSCRIBERS IN THE STATE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 12.
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- 471 -
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