§ 10-402. Application of subtitle and other laws

   (a) Application of subtitle. --

   (1) A continuing care at home provider is subject to each provision of this subtitle except Part II and § 10-446 and 10-448.

   (2) A continuing care in a retirement community provider is subject to each provision of this subtitle except Part VI.

(b) Application of other laws. --

   (1) A continuing care operation that is subject to the provisions of this subtitle is not subject to:

      (i) the Maryland Health Maintenance Organization Act under Title 19, Subtitle 7 of the Health - General Article;

      (ii) except for § 15-603 of the Insurance Article, the Insurance Article;

      (iii) Title 8 of the Real Property Article;

      (iv) any county or municipal landlord-tenant law; or

      (v) § 19-310.1 of the Health - General Article.

   (2) If a provider contractually utilizes the services of a licensed home health agency or residential service agency and is not itself directly providing the type of services provided by a home health agency or residential service agency, the provider is not subject to Title 19, Subtitles 4 and 4A of the Health - General Article.

   (3) Except as provided in paragraphs (1) and (2) of this subsection, a continuing care at home provider is subject to all other applicable licensing or certification requirements of State law.

(c) Subtitle not applicable to insurance agreements. -- This subtitle does not apply to an agreement that is regulated as insurance under the Insurance Article.

(d) Assisted living program services. -- A provider that offers assisted living program services as part of a continuum of care in accordance with a continuing care agreement may:

   (1) execute a separate assisted living resident agreement and a separate assisted living disclosure statement; or

   (2) meet the requirements of § 10-425(c) and 10-444(e) of this subtitle.

(e) Limitation on liability. -- The liability of a provider to the Department of Health and Mental Hygiene under § 15-603 of the Insurance Article shall be limited to the amount of the refund that would be due to the subscriber if the subscriber were dismissed under § 10-448 of this subtitle at the time of enrollment in services provided by or paid wholly or partly by the Department of Health and Mental Hygiene.

HISTORY: An. Code 1957, art. 70B, § 7(ee), 22A(o), (p), 23; 2007, ch. 3, § 2; ch. 503.