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2007 Laws of Maryland
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Ch.3
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(VI) THE FORM AND SUBSTANCE OF ANY PROPOSED
ADVERTISEMENTS, ADVERTISING CAMPAIGNS, OR OTHER PROMOTIONAL MATERIALS
FOR THE PROGRAM THAT IS AVAILABLE AT THE TIME OF FILING;
(VII) A DETAILED STATEMENT OF THE COVERED SERVICES; AND
(VIII) ANY OTHER INFORMATION THAT THE DEPARTMENT REQUIRES.
(D) APPROVAL.
THE DEPARTMENT SHALL APPROVE A FEASIBILITY STUDY FILED UNDER THIS
SECTION IF THE DEPARTMENT DETERMINES THAT:
(1) THE PROPOSED USE OF NEW OR EXISTING HEALTH FACILITIES IS
NOT INCONSISTENT WITH THE STATE HEALTH PLAN;
(2) A REASONABLE FINANCIAL PLAN HAS BEEN DEVELOPED TO
PROVIDE CONTINUING CARE AT HOME SERVICES, INCLUDING THE NUMBER OF
AGREEMENTS TO BE EXECUTED BEFORE BEGINNING OPERATIONS AND THE
CRITERIA TO RELEASE FUNDS FROM ESCROW;
(3) A MARKET FOR THE CONTINUING CARE AT HOME PROGRAM
APPEARS TO EXIST;
(4) THE FEASIBILITY STUDY WAS PREPARED BY A RECOGNIZED
AUTHORITY;
(5) THE PROVIDER HAS SUBMITTED ALL PROPOSED ADVERTISEMENTS,
ADVERTISING CAMPAIGNS, AND OTHER PROMOTIONAL MATERIALS FOR THE
PROGRAM;
(6) THE FORM AND SUBSTANCE OF ALL ADVERTISEMENTS,
ADVERTISING CAMPAIGNS, AND OTHER PROMOTIONAL MATERIALS SUBMITTED ARE
NOT DECEPTIVE, MISLEADING, OR LIKELY TO MISLEAD;
(7) THE ACTUARIAL FORECAST SUPPORTS THE MARKET FOR THE
PROGRAM;
(8) THE APPROVED ESCROW AGREEMENT AND DEPOSIT AGREEMENT
STATE THE CONDITIONS FOR THE RELEASE OF DEPOSITS AND ENTRANCE FEES
FROM ESCROW;
(9) A COPY OF THE ESCROW AGREEMENT EXECUTED BY THE PROVIDER
AND THE FINANCIAL INSTITUTION HAS BEEN FILED WITH THE DEPARTMENT; AND
(10) ANY OTHER INFORMATION REQUESTED BY THE DEPARTMENT HAS
BEEN SUBMITTED AND APPROVED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 22A(d), (e), and (f).
In subsection (d)(6) of this section, the former reference to being "approved
by the Department" is deleted as redundant.
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- 488 -
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