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Martin O'Malley, Governor
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Ch.3
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(2) WITHIN 30 DAYS AFTER A CONTINUING CARE AGREEMENT IS
CANCELED UNDER THIS SUBSECTION, THE SUBSCRIBER OR THE SUBSCRIBER'S
LEGAL REPRESENTATIVE SHALL RECEIVE A FULL REFUND OF ALL MONEY PAID TO
THE PROVIDER, LESS:
(I) A PROCESSING FEE APPROVED BY THE DEPARTMENT; AND
(II) ANY SPECIAL ADDITIONAL COSTS INCURRED BY THE PROVIDER
DUE TO MODIFICATIONS DM THE STRUCTURE OR FURNISHINGS OF THE UNIT
SPECIFICALLY REQUESTED BY THE SUBSCRIBER IF:
1. THE COSTS DO NOT EXCEED THE COSTS OF
MODIFICATION AND THE REASONABLE COSTS OF RESTORATION ACTUALLY
INCURRED BY THE PROVIDER; AND
2. THE COSTS WERE SET FORTH IN WRITING IN A SEPARATE
ADDENDUM TO THE AGREEMENT SIGNED BY THE SUBSCRIBER
(C) REFUND — RESCISSION.
(1) IF THE SUBSCRIBER RESCINDS THE CONTINUING CARE AGREEMENT
WITHIN 90 DAYS AFTER ENTERING INTO THE AGREEMENT AND BEFORE THE DATE
OF OCCUPANCY FOR ANY REASON OTHER THAN THE REASONS SPECIFIED IN
SUBSECTION (B)(1) OF THIS SECTION, THE PROVIDER SHALL REFUND THE AMOUNT
DESCRIBED IN SUBSECTION (B)(2) OF THIS SECTION TO THE SUBSCRIBER OR THE
SUBSCRIBER'S LEGAL REPRESENTATIVE WITHIN 30 DAYS AFTER THE DATE OF
RESCISSION.
(2) IF THE SUBSCRIBER RESCINDS THE CONTINUING CARE AGREEMENT
MORE THAN 90 DAYS AFTER ENTERING INTO THE AGREEMENT AND BEFORE THE
DATE OF OCCUPANCY FOR ANY REASON OTHER THAN THE REASONS SPECIFIED IN
SUBSECTION (B)(1) OF THIS SECTION, THE PROVIDER MAY RETAIN UP TO 25% OF THE
SUBSCRIBER'S ENTRANCE FEE DEPOSIT.
(D) RESCISSION FOR VIOLATION OF SUBTITLE; DAMAGES.
(1) A SUBSCRIBER MAY RESCIND A CONTINUING CARE AGREEMENT AT
ANY TIME IF A TERM OF THE AGREEMENT VIOLATES THIS SUBTITLE AND THE
SUBSCRIBER IS INJURED BY THE VIOLATION.
(2) THE SUBSCRIBER IS ENTITLED TO TREBLE DAMAGES FOR
EXTENSIVE INJURIES ARISING FROM A VIOLATION.
(E) WITHDRAWAL OF APPLICATION.
(1) AN APPLICANT FOR ADMISSION TO A FACILITY WHO WITHDRAWS
THE APPLICATION BEFORE EXECUTING A CONTINUING CARE AGREEMENT SHALL
RECEIVE A REFUND OF ALL MONEY PAID TO THE PROVIDER EXCEPT A PROCESSING
FEE APPROVED BY THE DEPARTMENT.
(2) THE REFUND SHALL BE PAID WITHIN 60 DAYS AFTER THE
APPLICANT WITHDRAWS THE APPLICATION.
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- 479 -
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