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<section article="ghu" article_name="Human Services" number="10-458" 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 at home services until the Department issues a certificate of registration to the provider.</text>
  </level>
  <level label="b">
    <text>An application for a certificate of registration shall:</text>
    <level label="1">
      <text>be filed in a form satisfactory to the Department; and</text>
    </level>
    <level label="2">
      <text>include at least the following information:</text>
      <level label="i">
        <text>except as provided in subsection (d) of this section, verification that the required number of agreements has been executed and the corresponding deposits collected;</text>
      </level>
      <level label="ii">
        <text>the form and substance of any proposed advertisements, advertising campaigns, or other promotional materials for the program that are available at the time of filing and that have not been filed previously with the Department;</text>
      </level>
      <level label="iii">
        <text>verification that any other license or certificate required by other appropriate State units has been issued to the provider; and</text>
      </level>
      <level label="iv">
        <text>any other information that the Department requires.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>The Department shall issue a certificate of registration to a provider if the Department determines that:</text>
    <level label="1">
      <text>the information and documents submitted with the feasibility study and application for a preliminary certificate of registration are current and accurate or have been updated to make them accurate;</text>
    </level>
    <level label="2">
      <text>except as provided in subsection (d) of this section, the required number of agreements has been executed and the corresponding deposits collected;</text>
    </level>
    <level label="3">
      <text>any other license or certificate required by other appropriate State units has been issued to the provider;</text>
    </level>
    <level label="4">
      <text>the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program;</text>
    </level>
    <level label="5">
      <text>the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead; and</text>
    </level>
    <level label="6">
      <text>the provider has submitted any other information that the Department required.</text>
    </level>
  </level>
  <level label="d">
    <text>Subsections (b)(2)(i) and (c)(2) of this section do not apply to a provider of continuing care at home services that:</text>
    <level label="1">
      <text>meets any capital reserve requirements; and</text>
    </level>
    <level label="2">
      <text>until the provider has enrolled the minimum number of subscribers needed for its revenues to at least equal its expenses:</text>
      <level label="i">
        <text>holds in escrow the entirety of all entrance fees; or</text>
      </level>
      <level label="ii">
        <text>maintains a surety bond of at least $1,000,000 or an equivalent replacement security such as cash, irrevocable letters of credit, certificates of deposit, or Treasury bills.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>If a provider intends to advertise before the Department issues a certificate of registration under subsection (c) of this section, the provider shall submit to the Department any advertisement, advertising campaign, or other promotional materials before using it.</text>
  </level>
  <level label="f">
    <text>If a certificate of registration is not issued to a provider within 24 months after the Department approves a feasibility study, or a longer time allowed by the Department for good cause shown, the provider shall refund all deposits collected and stop offering continuing care at home services under that application.</text>
  </level>
</section>
