<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".27" citation="COMAR 32.02.01.27" title_num="32" subtitle_num="02" chapter_num="01" heading="Deposit Agreement and Processing Fee.">
  <paragraph num="A.">
    <text>A deposit agreement used for a deposit on a unit for which the provider has not received written approval to withdraw deposits under Regulation .12 of this chapter shall:</text>
    <paragraph num="(1)">
      <text>State that all deposits and entrance fees shall be held in escrow until:</text>
      <paragraph num="(a)">
        <text>The issuance of an initial certificate of registration for the unit,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Construction is completed,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A certificate of occupancy, or its equivalent, has been issued by the local jurisdiction, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The provider has been issued appropriate licenses or certificates by MDH, MHCC, and the Department;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Describe the disposition of any interest earned on deposits and entrance fees;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>State the amount of any processing fee and whether it will be refunded if the deposit agreement is canceled; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>State that the deposit will be refunded within not more than 60 days of the cancellation, if the deposit agreement is canceled before the continuing care agreement is executed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A deposit agreement that is used for a deposit on a unit for which the provider has received written approval to withdraw deposits under Regulation .12 of this chapter shall:</text>
    <paragraph num="(1)">
      <text>State that the provider may use all deposits and entrance fees at any time; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Describe any applicable limitations on the use of deposits and entrance fees.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A processing fee may only be assessed against a subscriber one time and may not exceed $300 per individual.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If a deposit agreement does not precede a continuing care agreement, the provider shall ensure that the continuing care agreement referred to in Regulation .28 of this chapter meets the requirements of §A of this regulation.</text>
  </paragraph>
</regulation>