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<section article="ghu" article_name="Human Services" number="10-411" title_number="10" title_name="Department of Aging" subtitle_number="4" subtitle_name="Continuing Care">
  <level label="a">
    <text>A provider may not enter into a continuing care agreement until the Department issues a preliminary certificate of registration.</text>
  </level>
  <level label="b">
    <text>An application for a preliminary certificate of registration shall be filed in a form satisfactory to the Department.</text>
  </level>
  <level label="c">
    <text>An application shall include at least the following information:</text>
    <level label="1">
      <text>the name and address of the facility and the name and address of any affiliate, parent, or subsidiary;</text>
    </level>
    <level label="2">
      <text>the organizational structure and management of the provider, including:</text>
      <level label="i">
        <text>for a corporation or limited liability company, its name, the state in which it is incorporated or formed, and the name of the chief executive officer;</text>
      </level>
      <level label="ii">
        <text>for a partnership, the names of the general partners, the state governing its formation, and the name of the primary individual responsible for managing it;</text>
      </level>
      <level label="iii">
        <text>for an unincorporated association, the names of the members, the state governing its activities, and the name of the primary individual responsible for managing it;</text>
      </level>
      <level label="iv">
        <text>for a partnership that has a corporation or limited liability company as one or more of its general partners, the name of each corporation or limited liability company, the state in which it is incorporated or formed, and the name of the chief executive officer;</text>
      </level>
      <level label="v">
        <text>for a trust, the name of the trustee, the names of the owners of beneficial interests in the trust, the state governing it, and the name of the primary individual responsible for overseeing its activities;</text>
      </level>
      <level label="vi">
        <text>the name and occupation of each officer, director, trustee, managing or general partner, and each person with a 10% or greater financial equity or beneficial interest in the provider and a description of the person’s financial interest in or occupation with the provider;</text>
      </level>
      <level label="vii">
        <text>the name and address of any entity in which a person identified in item (vi) of this paragraph has a 10% or greater financial interest and that is anticipated to provide goods, premises, or services with a value of $10,000 or more to the facility or provider in a fiscal year and a description of the goods, premises, or services and their anticipated cost to the facility or provider, which need not include salary, wage, or benefit information of employees of the provider; and</text>
      </level>
      <level label="viii">
        <text>a statement whether the provider is qualified, or intends to qualify, as a tax–exempt organization under the Internal Revenue Code;</text>
      </level>
    </level>
    <level label="3">
      <text>a copy of the corporate charter, partnership agreement, articles of association, membership agreement, trust agreement, or similar instrument or agreement governing the legal organization of the provider;</text>
    </level>
    <level label="4">
      <level label="i">
        <text>a certified financial statement of the provider for as many of the most recent fiscal years, not exceeding 3 years, for which certified financial statements are obtainable under generally accepted accounting principles; and</text>
      </level>
      <level label="ii">
        <text>if the provider’s fiscal year ended more than 90 days before the date the application is filed, an income statement, which need not be certified, covering the period between the end of the fiscal year and a date not more than 90 days before the date the application is filed;</text>
      </level>
    </level>
    <level label="5">
      <text>a statement of any affiliation with a religious, charitable, or other nonprofit organization, the extent of the affiliation, and the extent, if any, to which the affiliate organization will be responsible for the provider’s financial and contractual obligations;</text>
    </level>
    <level label="6">
      <text>a copy of the proposed continuing care agreement;</text>
    </level>
    <level label="7">
      <text>a copy of any priority admission agreements between the provider and any health care provider for health related services;</text>
    </level>
    <level label="8">
      <text>a statement of the current fee structure, including escalator or other automatic adjustment provisions;</text>
    </level>
    <level label="9">
      <text>a statement of the role of any publicly funded benefit or insurance program in the financing of care;</text>
    </level>
    <level label="10">
      <text>the form and substance of any advertisement, advertising campaign, or other promotional material for the facility that has not been previously submitted to the Department; and</text>
    </level>
    <level label="11">
      <text>other reasonable and pertinent information that the Department requires.</text>
    </level>
  </level>
  <level label="d">
    <text>The Department shall issue a preliminary certificate of registration to a provider if:</text>
    <level label="1">
      <text>the feasibility study has been approved; and</text>
    </level>
    <level label="2">
      <text>the Department determines that:</text>
      <level label="i">
        <text>the proposed continuing care agreement meets the requirements of §§ 10–444, 10–445, 10–446, and 10–448 of this subtitle;</text>
      </level>
      <level label="ii">
        <text>all of the financial and organizational materials required to be submitted under subsection (c) of this section have been submitted to the Department; and</text>
      </level>
      <level label="iii">
        <text>the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>If a preliminary certificate of registration is not issued within 6 months after the feasibility study is approved, or a longer time allowed by the Department for good cause shown, the provider shall refund all deposits and stop marketing continuing care under that application.</text>
  </level>
  <level label="f">
    <text>A provider that plans to advertise before an initial certificate of registration is issued under § 10–412 of this subtitle shall submit to the Department the form and substance of any advertisement, advertising campaign, or other promotional material before it may be used.</text>
  </level>
</section>
