§ 10-444. Continuing care agreements--Contents
West's Annotated Code of MarylandHuman ServicesEffective: October 1, 2012
Effective: October 1, 2012
MD Code, Human Services, § 10-444
§ 10-444. Continuing care agreements--Contents
(a) Except as provided in subsection (b)(25) of this section, a requirement of this section does not apply to any continuing care agreement entered into before the effective date of the requirement.
(b) In a form acceptable to the Department, each continuing care agreement shall:
(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;
(ii) “The provider does not currently use fees paid by subscribers of the community for purposes other than those directly related to the construction, operation, maintenance, or improvement of the community, but the provider reserves the future right to use fees paid by subscribers of the community for purposes unrelated to the construction, operation, maintenance, or improvement of the community.”; or
(iii) “The provider may use fees paid by subscribers of the community for purposes unrelated to the construction, operation, maintenance, or improvement of the community, including for the furtherance of the provider's corporate mission, to distribute profits, or to benefit an affiliated community.”;
(28) if the provider offers a continuing care agreement that promises a contractual entrance fee refund after occupancy, state whether the portion of the entrance fee to be refunded is held in trust or escrow for the subscriber after occupancy, and if so held, state where and how the funds are held;
(30) contain the following statement in boldface type and in the largest type used in the agreement: “A preliminary certificate of registration or certificate of registration is not an endorsement or guarantee of this facility by the State of Maryland. The Maryland Department of Aging urges you to consult with an attorney and a suitable financial advisor before signing any documents.”.
(c) A subscriber's accommodations may be changed only to protect the health or safety of the subscriber or the general and economic welfare of other residents.
(d) A continuing care agreement may contain, in a form acceptable to the Department, any other appropriate provision to effectuate the purpose of the agreement.
(e)(1) This subsection applies if:
Credits
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2012, c. 523, § 1, eff. Oct. 1, 2012; Acts 2012, c. 524, § 1, eff. Oct. 1, 2012; Acts 2017, c. 62, § 6.
MD Code, Human Services, § 10-444, MD HUMAN SERV § 10-444
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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