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Ch.3
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Martin O'Malley, Governor
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IF A PROVIDER TERMINATES A SUBSCRIBER'S CONTINUING CARE AGREEMENT
FOR JUST CAUSE, THE PROVIDER SHALL PAY THE SUBSCRIBER A REFUND
CALCULATED IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION, WITHIN 60
DAYS AFTER THE LATER OF:
(1) THE DATE OF DISMISSAL OR DISCHARGE; OR
(2) THE DATE THE SUBSCRIBER VACATES THE UNIT.
(C) CALCULATION OF REFUND.
(1) THE SUBSCRIBER'S REFUND SHALL EQUAL THE ENTRANCE FEE
DIVIDED BY THE SUBSCRIBER'S YEARS OF EXPECTED LIFETIME AT ADMISSION,
MULTIPLIED BY THE SUBSCRIBER'S YEARS OF EXPECTED LIFETIME AT DISMISSAL OR
DISCHARGE.
(2) A SUBSCRIBER'S YEARS OF EXPECTED LIFETIME AT ADMISSION AND
AT DISMISSAL OR DISCHARGE SHALL BE COMPUTED BASED ON THE APPROPRIATE
TABLES MOST RECENTLY PUBLISHED BY THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES AT THE TIME OF DISMISSAL OR DISCHARGE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 15.
In subsection (a) of this section, the reference to the "dismissal or
discharge" is substituted for the former reference to "such removal" for
consistency throughout this section.
In the introductory language of subsection (b) of this section, the reference
to terminating "a subscriber's continuing care agreement" is substituted
for the former reference to terminating "a subscriber" for clarity and
accuracy.
In subsection (c)(2) of this section, the phrase "at admission and at
dismissal or discharge" is substituted for the former phrase "for both
purposes" for clarity.
Defined terms: "Continuing care agreement" § 10-401
"Entrance fee" § 10-401
"Facility" § 10-401
"Provider" § 10-401
"Subscriber" § 10-401
10-449. CONTRACTUAL ENTRANCE FEE REFUND DUE TO TERMINATION OF
CONTINUING CARE AGREEMENT BY SUBSCRIBER
(A) ELECTION TO TERMINATE AGREEMENT.
A CONTINUING CARE AGREEMENT SHALL ALLOW A SUBSCRIBER TO
TERMINATE THE AGREEMENT BY GIVING A WRITTEN TERMINATION NOTICE TO THE
PROVIDER
(B) TERMINATION WITHIN FIRST 90 DAYS OF OCCUPANCY.
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- 483 -
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