<?xml version='1.0' encoding='utf-8'?>
<section article="ghu" article_name="Human Services" number="10-402" title_number="10" title_name="Department of Aging" subtitle_number="4" subtitle_name="Continuing Care">
  <level label="a">
    <level label="1">
      <text>A continuing care at home provider is subject to each provision of this subtitle except Part II and §§ 10–446 and 10–448.</text>
    </level>
    <level label="2">
      <text>A continuing care in a retirement community provider is subject to each provision of this subtitle except Part VI.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A continuing care operation that is subject to the provisions of this subtitle is not subject to:</text>
      <level label="i">
        <text>the Maryland Health Maintenance Organization Act under  Title 19, Subtitle 7 of the Health – General Article;</text>
      </level>
      <level label="ii">
        <text>except for § 15–603 of the Insurance Article, the Insurance  Article;</text>
      </level>
      <level label="iii">
        <text>Title 8 of the Real Property Article;</text>
      </level>
      <level label="iv">
        <text>any county or municipal landlord–tenant law; or</text>
      </level>
      <level label="v">
        <text>§ 19–310.1 of the Health – General Article.</text>
      </level>
    </level>
    <level label="2">
      <text>If a provider contractually utilizes the services of a licensed home health agency or residential service agency and is not itself directly providing the type of services provided by a home health agency or residential service agency, the provider is not subject to Title 19, Subtitles 4 and 4A of the Health – General Article.</text>
    </level>
    <level label="3">
      <text>Except as provided in paragraphs (1) and (2) of this subsection, a continuing care at home provider is subject to all other applicable licensing or certification requirements of State law.</text>
    </level>
  </level>
  <level label="c">
    <text>This subtitle does not apply to an agreement that is regulated as insurance under the Insurance Article.</text>
  </level>
  <level label="d">
    <text>A provider that offers assisted living program services as part of a continuum of care in accordance with a continuing care agreement may:</text>
    <level label="1">
      <text>execute a separate assisted living resident agreement and a separate assisted living disclosure statement; or</text>
    </level>
    <level label="2">
      <text>meet the requirements of §§ 10–425(c) and 10–444(e) of this subtitle.</text>
    </level>
  </level>
  <level label="e">
    <text>The liability of a provider to the Maryland Department of Health under § 15–603 of the Insurance Article shall be limited to the amount of the refund that would be due to the subscriber if the subscriber were dismissed under § 10–448 of this subtitle at the time of enrollment in services provided by or paid wholly or partly by the Maryland Department of Health.</text>
  </level>
</section>
