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§ 19-1806. Assisted living and continuing care agreements

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2007

West's Annotated Code of Maryland
Health--General
Title 19. Health Care Facilities (Refs & Annos)
Subtitle 18. Assisted Living Programs (Refs & Annos)
Effective: October 1, 2007
MD Code, Health - General, § 19-1806
§ 19-1806. Assisted living and continuing care agreements
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Continuing care” has the meaning stated in § 10-401 of the Human Services Article.
(3) “Continuing care agreement” has the meaning stated in § 10-401 of the Human Services Article.
Application of section
(b) This section applies to assisted living programs that offer assisted living program services as part of a continuum of care in accordance with a continuing care agreement that does not require a subscriber to execute a separate assisted living agreement to receive those services.
Separate assisted living resident agreements
(c)(1) An assisted living program subject to this section that meets the requirements of Title 10, Subtitle 4 of the Human Services Article with regard to assisted living is not required to execute a separate assisted living resident agreement that is in addition to the continuing care agreement.
(2) For purposes of paragraph (1) of this subsection, if a separate assisted living resident agreement is not utilized, references to a resident agreement in any regulations adopted under this subtitle shall mean the continuing care agreement.
General or specific contract provisions
(d) A continuing care agreement that contains a provision to provide assisted living program services and does not require a subscriber to execute a separate assisted living agreement to receive those services is not required to contain general or specific contract provisions, except as required under Title 10, Subtitle 4 of the Human Services Article, that apply to assisted living programs that are not subject to this section.
Disclosure statement
(e)(1) In addition to subsection (c) of this section, an assisted living program subject to this section is not required to provide a disclosure statement relating to its assisted living program separate from any disclosure statement required by Title 10, Subtitle 4 of the Human Services Article for continuing care.
(2) Any disclosure statement required to be provided to a resident under Title 10, Subtitle 4 of the Human Services Article shall include information that is required to be disclosed by an assisted living program in accordance with this subtitle.
Transfer of resident
(f) A transfer of a resident from an assisted living program subject to this section to another assisted living or continuing care arrangement governed by the same continuing care agreement may not be considered a relocation or discharge from the assisted living program for purposes of triggering any regulatory requirements adopted under this subtitle for matters relating to notice, financial accounting, or refunds.

Credits

Added by Acts 1999, c. 526, § 2, eff. June 1, 1999. Amended by Acts 2007, c. 8, § 1, eff. Oct. 1, 2007.
MD Code, Health - General, § 19-1806, MD HEALTH GEN § 19-1806
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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