<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".25" citation="COMAR 32.02.02.25" title_num="32" subtitle_num="02" chapter_num="02" heading="Termination of the Agreement after Services Commence.">
  <paragraph num="A.">
    <text>Termination by a Subscriber. If a subscriber elects to terminate the agreement after the provider begins to provide continuing care at home services, any refund of the entrance fee is governed by the terms of the agreement.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Termination, Dismissal, or Discharge by the Provider.</text>
    <paragraph num="(1)">
      <text>An agreement may not permit termination of the agreement or dismissal or discharge of a subscriber from the continuing care at home program, including by involuntary transfer to a health care or mental health facility, before expiration of the agreement for any reason, unless the:</text>
      <paragraph num="(a)">
        <text>Dismissal or discharge is for just cause; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Subscriber is given advance notice of at least 60 days.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Just cause can exist only when there is:</text>
      <paragraph num="(a)">
        <text>Nonpayment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Material breach of:</text>
        <paragraph num="(i)">
          <text>The agreement, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Written reasonable rules of the provider that contractually bind the subscriber; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Health status or behavior that constitutes a substantial threat to the health or safety of the subscriber, other subscribers, or employees or contractors of the provider.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A notice of termination, dismissal, or discharge shall include at least the following:</text>
      <paragraph num="(a)">
        <text>A statement of the intent to terminate, dismiss, or discharge;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement of each reason for terminating, dismissing, or discharging, which shall include at least one of the reasons stated in §B(2) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The facts that serve as the basis for the provider's decision to terminate, dismiss, or discharge; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The effective date of termination, dismissal, or discharge, which shall be at least 60 days from the date the subscriber receives the notice.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An agreement may recognize that a subscriber may have to be moved without the subscriber's consent in the event of an emergency. A move or transfer of a subscriber because of an emergency may not, in and of itself, establish just cause for a termination, dismissal, or discharge.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Permissible Termination, Dismissal, or Discharge. In the event of a termination, discharge, or dismissal of a subscriber who lived with or signed an agreement with another subscriber, who was not terminated, then the subscriber not terminated has the option to:</text>
    <paragraph num="(1)">
      <text>Remain as a subscriber under his or her agreement; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terminate his or her agreement.</text>
    </paragraph>
  </paragraph>
</regulation>