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<section article="ghu" article_name="Human Services" number="10-412" title_number="10" title_name="Department of Aging" subtitle_number="4" subtitle_name="Continuing Care">
  <level label="a">
    <text>A provider may not provide continuing care until the Department issues an initial certificate of registration.</text>
  </level>
  <level label="b">
    <text>An application for an initial 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>for a project other than a conversion, verification that continuing care agreements have been executed with subscribers for at least 65% of the independent living units and at least 10% of the total entrance fee for each contracted unit has been collected;</text>
    </level>
    <level label="2">
      <text>for a conversion project, verification that at least 80% of the accommodations in the project that are not licensed as assisted living or comprehensive care beds are occupied or reserved in accordance with:</text>
      <level label="i">
        <text>leases;</text>
      </level>
      <level label="ii">
        <text>continuing care agreements executed with subscribers who have paid a deposit that:</text>
        <level label="1">
          <text>equals at least 10% of the total entrance fee; and</text>
        </level>
        <level label="2">
          <text>has been deposited by the provider under an escrow agreement approved by the Department; or</text>
        </level>
      </level>
      <level label="iii">
        <text>other appropriate contractual arrangements;</text>
      </level>
    </level>
    <level label="3">
      <text>verification that the provider has received a written commitment for permanent long–term financing; and</text>
    </level>
    <level label="4">
      <text>if construction financing is required, verification that the provider has applied for the financing.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>If requested by the permanent financing lender, the Department may issue a letter stating that the requirements of subsection (c)(1) of this section have been met.</text>
    </level>
    <level label="2">
      <text>If requested by the construction lender, the Department may issue a letter stating that:</text>
      <level label="i">
        <text>the requirements of subsection (c)(1) and (3) of this section have been met; and</text>
      </level>
      <level label="ii">
        <text>the initial certificate of registration will be issued on the closing of the construction loan.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The Department shall issue an initial certificate of registration to a provider if the Department determines that:</text>
      <level label="i">
        <text>the provider has a preliminary certificate of registration;</text>
      </level>
      <level label="ii">
        <text>the provider has submitted the required documents;</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 label="iv">
        <text>for a project other than a conversion, continuing care agreements have been executed with subscribers for at least 65% of the independent living units and at least 10% of the entrance fee has been paid as a deposit for each contracted unit;</text>
      </level>
      <level label="v">
        <text>for a conversion project, at least 80% of the accommodations in the project that are not licensed as assisted living or comprehensive care beds are occupied or reserved in accordance with:</text>
        <level label="1">
          <text>leases;</text>
        </level>
        <level label="2">
          <text>continuing care agreements executed with subscribers who have paid a deposit that:</text>
        </level>
        <level label="A">
          <text>equals at least 10% of the total entrance fee; and</text>
        </level>
        <level label="B">
          <text>has been deposited by the provider under an escrow agreement approved by the Department; or</text>
        </level>
        <level label="3">
          <text>other appropriate contractual arrangements;</text>
        </level>
      </level>
      <level label="vi">
        <text>if construction financing is required, closing on the financing has occurred; and</text>
      </level>
      <level label="vii">
        <text>the provider has a commitment for permanent long–term financing.</text>
      </level>
    </level>
    <level label="2">
      <text>The Department may issue the initial certificate of registration for a period not exceeding 18 months.</text>
    </level>
  </level>
  <level label="f">
    <text>A deposit held in escrow may not be used until:</text>
    <level label="1">
      <text>an initial certificate of registration has been issued;</text>
    </level>
    <level label="2">
      <text>construction is completed;</text>
    </level>
    <level label="3">
      <text>the provider has a certificate of occupancy or the equivalent from the appropriate local jurisdiction; and</text>
    </level>
    <level label="4">
      <text>the provider has the appropriate licenses or certificates from the Maryland Department of Health or the Department.</text>
    </level>
  </level>
  <level label="g">
    <text>If an initial certificate of registration is not issued within 24 months after the issuance of a preliminary certificate of registration, or a longer time allowed by the Department for good cause shown, the provider shall refund all deposits and stop offering continuing care under that application.</text>
  </level>
</section>
