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Martin O'Malley, Governor
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Ch.3
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(B) REQUIRED PROVISIONS.
IN A FORM ACCEPTABLE TO THE DEPARTMENT, EACH CONTINUING CARE
AGREEMENT SHALL:
(1) SHOW THE TOTAL CONSIDERATION PAID BY THE SUBSCRIBER FOR
CONTINUING CARE, INCLUDING THE VALUE OF ALL PROPERTY TRANSFERRED,
DONATIONS, ENTRANCE FEES, SUBSCRIPTIONS, MONTHLY FEES, AND ANY OTHER
FEES PAID OR PAYABLE BY OR ON BEHALF OF A SUBSCRIBER;
(2) SPECIFY ALL SERVICES THAT ARE TO BE PROVIDED BY THE
PROVIDER TO EACH SUBSCRIBER, SUCH AS FOOD, SHELTER, MEDICAL CARE,
NURSING CARE, OR OTHER HEALTH RELATED SERVICES, INCLUDING IN DETAIL ALL
ITEMS THAT EACH SUBSCRIBER WILL RECEIVE, AND WHETHER THE ITEMS WILL BE
PROVIDED FOR LIFE OR FOR A DESIGNATED TIME PERIOD;
(3) DESIGNATE THE CLASSES OF SUBSCRIBERS ACCORDING TO TYPES
OF PAYMENT PLANS;
(4) SUBJECT TO SUBSECTION (C) OF THIS SECTION, DESCRIBE THE
PROCEDURES TO BE FOLLOWED BY THE PROVIDER WHEN THE PROVIDER
TEMPORARILY OR PERMANENTLY CHANGES THE SUBSCRIBER'S ACCOMMODATIONS
WITHIN THE FACILITY OR TRANSFERS THE SUBSCRIBER TO ANOTHER HEALTH
FACILITY;
(5) DESCRIBE THE POLICIES THAT WILL BE IMPLEMENTED IF THE
SUBSCRIBER BECOMES UNABLE TO PAY THE MONTHLY FEES;
(6) STATE THE POLICY OF THE PROVIDER CONCERNING CHANGES IN
ACCOMMODATIONS AND THE PROCEDURE TO IMPLEMENT THAT POLICY IF THE
NUMBER OF PERSONS OCCUPYING AN INDIVIDUAL UNIT CHANGES;
(7) PROVIDE IN CLEAR AND UNDERSTANDABLE LANGUAGE, IN
BOLDFACE TYPE, AND IN THE LARGEST TYPE USED IN THE BODY OF THE
AGREEMENT:
(I) THE TERMS GOVERNING THE REFUND OF ANY PORTION OF THE
ENTRANCE FEE IF THE PROVIDER DISCHARGES THE SUBSCRIBER OR THE
SUBSCRIBER CANCELS THE AGREEMENT; AND
(II) WHETHER MONTHLY FEES, IF CHARGED, WILL BE SUBJECT TO
PERIODIC INCREASES;
(8) STATE THE TERMS UNDER WHICH AN AGREEMENT IS CANCELED BY
THE DEATH OF THE SUBSCRIBER;
(9) PROVIDE THAT CHARGES FOR CARE PAID IN ADVANCE IN A LUMP
SUM MAY NOT BE INCREASED OR CHANGED FOR THE DURATION OF THE
AGREED-UPON CARE;
(10) STATE THAT THE SUBSCRIBER HAS RECEIVED, AT LEAST TWO
WEEKS BEFORE SIGNING THE AGREEMENT, THE CURRENT VERSION OF THE
WRITTEN RULES OF THE PROVIDER;
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- 473 -
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