<?xml version='1.0' encoding='utf-8'?>
<section article="ghg" article_name="Health - General" number="19-337" 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 expressly provided otherwise in this section, each receiver who is appointed under Part V of this subtitle has all of the powers of a receiver who is appointed under § 3-414 of the Corporations and Associations Article.</text>
    </level>
    <level label="2">
      <text>The receiver shall perform all acts that are necessary and exercise the powers of the receiver to:</text>
      <level label="i">
        <text>Correct each condition on which the appointment of the receiver was based;</text>
      </level>
      <level label="ii">
        <text>Ensure adequate care for each individual in the nursing home or community program; and</text>
      </level>
      <level label="iii">
        <text>Preserve the property of the owner of the nursing home or community program.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>The receiver shall report to the court as the court requires.</text>
  </level>
  <level label="c">
    <text>The receiver of a nursing home or community program shall:</text>
    <level label="1">
      <text>Give each individual and interested parties with respect to each individual notice of the receivership;</text>
    </level>
    <level label="2">
      <text>Preserve all property of and records that relate to an individual and are in the custody of the receiver or the owner or operating entity;</text>
    </level>
    <level label="3">
      <text>If an individual is to be discharged or transferred:</text>
      <level label="i">
        <text>Explain to the individual or guardian of the individual the alternative placements that are available;</text>
      </level>
      <level label="ii">
        <text>Help the individual or guardian of the individual to find an alternative placement;</text>
      </level>
      <level label="iii">
        <text>Give information about the alternative placement chosen;</text>
      </level>
      <level label="iv">
        <text>Transport the individual to the alternative placement; and</text>
      </level>
      <level label="v">
        <text>Transfer all property of and records on the individual, including all necessary medical information, to the individual or the alternative placement.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The receiver may use:</text>
    <level label="1">
      <text>Any private or third-party reimbursements to the nursing home, including any Medicaid or Medicare payments; and</text>
    </level>
    <level label="2">
      <text>With the approval of the court, money from the fund established under § 19-338 of this subtitle.</text>
    </level>
  </level>
  <level label="e">
    <text>If the structure or furnishings of a nursing home or site of the community program violate State or federal law, the receiver may correct the violation:</text>
    <level label="1">
      <text>Without the consent of the court, if the cost of the correction does not exceed $3,000; or</text>
    </level>
    <level label="2">
      <text>On petition to and with the consent of the court, if the cost of the correction is more than $3,000.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The receiver shall pay the principal of and interest on a mortgage or secured transaction unless the holder of the mortgage or the secured party is the owner or an affiliate of the owner.</text>
    </level>
    <level label="2">
      <text>On petition of a receiver, the court may:</text>
      <level label="i">
        <text>Allow the receiver to avoid a lease, mortgage, secured transaction, or other contract that the owner or operating entity made if:</text>
        <level label="1">
          <text>The person seeking payment under the contract is, or at the time the contract was made was, the owner or an affiliate of the owner; and</text>
        </level>
        <level label="2">
          <text>The contract provides for a rent or interest rate substantially exceeding the rent or interest rate that was reasonable when the contract was made; and</text>
        </level>
      </level>
      <level label="ii">
        <text>If the receiver is allowed to avoid the contract, set a reasonable rent or interest rate to be paid on any property that is subject to the contract and is needed to continue operation of the nursing home or community program.</text>
      </level>
    </level>
    <level label="3">
      <text>The court shall hold a hearing on a petition under this subsection within 15 days after the petition is filed.</text>
    </level>
    <level label="4">
      <text>Notice of the petition shall be given to all known owners of property that the petition affects:</text>
      <level label="i">
        <text>By the receiver, at least 10 days before the hearing; or</text>
      </level>
      <level label="ii">
        <text>By publication, if the receiver files with the court a statement that:</text>
        <level label="1">
          <text>Is signed and verified by the receiver;</text>
        </level>
        <level label="2">
          <text>States that the owner of the property 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 serve process.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The court shall set a rent under this subsection in an amount that is not less than the total current payments of principal and interest required on all mortgages and secured transactions that:</text>
      <level label="i">
        <text>Affect the property under the contract to be avoided; and</text>
      </level>
      <level label="ii">
        <text>Cannot be avoided under this subsection.</text>
      </level>
    </level>
    <level label="6">
      <text>Payment of the rent or interest rate that a court sets under this subsection is a defense in any action against the receiver for payment or for possession of the property. However, the payment does not relieve the owner or operating entity of any liability for the difference between the amount that the receiver pays and the amount that is due under the contract.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>A receiver is not liable for an injury to person or property that results from the condition of the nursing home or site of the community program.</text>
    </level>
    <level label="2">
      <text>A receiver only is liable for any act or omission that constitutes negligence in the fulfillment of the duties as receiver.</text>
    </level>
  </level>
  <level label="h">
    <text>A receiver is entitled to the fee that the court finds reasonable.</text>
  </level>
</section>
