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Ch.3
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2007 Laws of Maryland
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(I) AT THE SAME RATE THE SUBSCRIBER WOULD PAY IF A
COMPREHENSIVE BED WERE AVAILABLE; AND
(II) AT THE PROVIDER'S OPTION:
1. IN THE SUBSCRIBER'S INDEPENDENT OR ASSISTED
LIVING UNIT; OR
2. IN A NEARBY LICENSED COMPREHENSIVE CARE FACILITY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, §§ 14A and 7(1) and (s).
In subsection (a)(2) and (3) of this section, the references to an "[e]xtensive
agreement" and a "[m]odified agreement" are substituted for the former
references to an "[e]xtensive contract" and a "[m]odified contract" for
consistency with terminology used in subsections (b)(1)(i) and (c)(1)(i) of
this section.
In subsection (a)(3)(i) of this section, the references to a continuing care
contract "under which the provider promises to provide residential
facilities, meals, amenities, and a limited amount of long-term care
services" is substituted for the former reference to a continuing care
agreement that "[w]ould be an extensive contract but for its limiting the
amount of long-term care services to be provided" for clarity.
The Human Services Article Review Committee suggests that the General
Assembly may wish to define the term "comprehensive care services" used
in subsection (c) of this section.
Defined terms: "Assisted living program" § 10-401
"Continuing care agreement" § 10-401
"Entrance fee" § 10-401
"Facility" § 10-401
"Provider" § 10-401
"Subscriber" § 10-401
10-448. DISMISSAL OR DISCHARGE OF SUBSCRIBER BEFORE EXPIRATION OF
AGREEMENT.
(A) DISMISSAL OR DISCHARGE OF SUBSCRIBER BY PROVIDER
A CONTINUING CARE AGREEMENT MAY NOT ALLOW DISMISSAL OR DISCHARGE
OF THE SUBSCRIBER FROM THE FACILITY PROVIDING CARE BEFORE THE
AGREEMENT EXPIRES UNLESS:
(1) THE PROVIDER HAS JUST CAUSE FOR THE DISMISSAL OR
DISCHARGE; AND
(2) THE PROVIDER GIVES THE SUBSCRIBER AT LEAST 60 DAYS' ADVANCE
NOTICE.
(B) REFUND REQUIRED.
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