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<section article="ghg" article_name="Health - General" number="19-335" title_number="19" title_name="Health Care Facilities" subtitle_number="3" subtitle_name="Hospitals and Related Institutions">
  <level label="a">
    <level label="1">
      <text>Except as otherwise provided in subsection (b) of this section, the court shall hold a hearing on a petition under Part V of this subtitle within 10 days after the petition is filed.</text>
    </level>
    <level label="2">
      <text>The owner of the nursing home or entity operating the community program shall be given notice of the hearing:</text>
      <level label="i">
        <text>At least 5 days before the hearing; or</text>
      </level>
      <level label="ii">
        <text>At least 3 days before the hearing, by a notice posted conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that:</text>
        <level label="1">
          <text>Is signed and verified by the Secretary;</text>
        </level>
        <level label="2">
          <text>States that the owner or operating entity cannot be found; and</text>
        </level>
        <level label="3">
          <text>Sets forth a substantial account of reasonable, good faith efforts to find the owner or operating entity and serve process.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The owner of the nursing home or operating entity of a community service is entitled to offer evidence at the hearing.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A court may appoint a receiver for a nursing home or community program if, from the petition, affidavits, and any evidence offered ex parte, the court finds probable cause to believe that a situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the residents and must be remedied immediately to insure their health, safety, and welfare.</text>
    </level>
    <level label="2">
      <text>The owner or person then in charge of the nursing home or community program shall be given notice of the appointment of a receiver:</text>
      <level label="i">
        <text>By service of the notice, within 24 hours after the appointment; or</text>
      </level>
      <level label="ii">
        <text>By posting the notice conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that:</text>
        <level label="1">
          <text>Is signed and verified by the Secretary;</text>
        </level>
        <level label="2">
          <text>States that the owner and the person in charge of the nursing home or community program cannot be found; and</text>
        </level>
        <level label="3">
          <text>Sets forth a substantial account of reasonable, good faith efforts to find the owner and the person in charge and serve process.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>Unless the owner of the nursing home or entity operating the community program consents to a later date, the court shall hold a hearing on the appointment of the receiver within 5 days after service of process.</text>
    </level>
  </level>
</section>
