# Human Services (GHU)

## Title 10. Department of Aging

### Subtitle 4. Continuing Care

#### Section 10-410

(a) A provider may collect deposits from prospective subscribers if:

  (1) the Department has approved the provider's feasibility study; and

  (2) funds collected are maintained in an escrow account.

(b) Each deposit agreement shall comply with the requirements of subsection (c) or (d) of this section.

(c) If a deposit agreement is used for a deposit on a unit for which the provider has not received written approval to withdraw deposits, the deposit agreement shall:

  (1) state that all deposits and entrance fees will be held in escrow until:

    (i) an initial certificate of registration for the unit is issued;

    (ii) construction is completed;

    (iii) a certificate of occupancy, or its equivalent, is issued by the local jurisdiction; and

    (iv) the provider has the appropriate licenses or certificates from the Maryland Department of Health, the Maryland Health Care Commission, and the Department;

  (2) describe the disposition of any interest earned on deposits and entrance fees;

  (3) state the amount of any processing fee and whether it will be refunded if the deposit agreement is canceled; and

  (4) describe the disposition of the deposit if the deposit agreement is canceled before the continuing care agreement is executed.

(d) If a deposit agreement is used for a deposit on a unit for which the provider has received written approval to withdraw deposits, the deposit agreement shall:

  (1) state that the provider may use all deposits and entrance fees at any time; or

  (2) describe any applicable limitations on the use of deposits and entrance fees.

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Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)