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<regulation prefix="Regulation" num=".12" citation="COMAR 32.02.02.12" title_num="32" subtitle_num="02" chapter_num="02" heading="Action of the Department on Application for Renewal Certificate of Registration.">
  <paragraph num="A.">
    <text>The Department shall approve an application for a renewal certificate of registration when it determines that:</text>
    <paragraph num="(1)">
      <text>The required documents have been filed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The proposed and existing agreements meet the requirements of the Act and this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The provider has not been found to be in financial difficulty;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The provider has the necessary resources for providing continuing care at home;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The provider has received all required licenses and certificates from MDH and MHCC;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The form and substance of all advertising and other promotional materials filed are not deceptive, misleading, or likely to mislead;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If required under Regulation .11D of this chapter, an actuarial study, prepared or reviewed by a qualified actuary, has been submitted which:</text>
      <paragraph num="(a)">
        <text>Includes an actuarial balance sheet;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Demonstrates that the resources available for current and replacement subscribers, including the actuarial present value of periodic fees expected to be paid in the future by present subscribers, are equal to the actuarial present value of the expected costs of performing all remaining obligations to the subscribers under the subscribers' agreements, with appropriate provision for surplus;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Projects positive cash balances for a 20-year period;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Includes a statement of the opinion of a qualified actuary as to whether:</text>
        <paragraph num="(i)">
          <text>The data and assumptions used are appropriate and reasonable,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The methods employed are consistent with sound actuarial principles and practices, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Provision has been made for all actuarial liabilities and related statement items;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Includes supporting detailed documentation for the actuarial balance sheet including a projection of future population flows and service needs covered by the provider's agreements, which projection shall use appropriate inflation factors, mortality, morbidity, withdrawal, and other demographic assumptions; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Includes a cash flow projection for the next 20 years;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>The disclosure statement submitted complies with Regulation .15 of this chapter;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The operating reserves comply with the requirements of Regulation .14 of this chapter; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>All renewal fees and any late fees have been paid.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Upon review of a provider's application for a renewal certificate of registration, the Department may make a finding of possible financial difficulty. The Department shall refer the application of a provider found to be in possible financial difficulty to the Financial Review Committee. Applications that are referred to the Committee are subject to Regulations .19 and .20 of this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If the conditions in §A of this regulation and, if applicable, Regulation .20 of this chapter are not met, the Department shall issue in writing a denial of an application for a renewal certificate of registration. The Department shall include the reasons for denying the application in the written denial.</text>
  </paragraph>
</regulation>