§ 10-408. General requirements

   (a) Compliance with applicable provisions. -- A provider shall comply with the applicable provisions of § 10-409 through 10-415 of this subtitle before the provider may:

   (1) offer continuing care in a retirement community;

   (2) enter into or renew continuing care agreements;

   (3) begin construction of a new facility;

   (4) begin construction of an expansion to or renovation of an existing facility; or

   (5) collect deposits for continuing care in this State.

(b) Capital additions and improvements. --

   (1) A new capital addition to a facility that will result in the construction of a number of independent and assisted living units that is greater than 25% of the number of existing units is considered new development and is subject to § 10-409 through 10-411 of this subtitle.

   (2) A new capital addition to a facility that does not involve the construction of independent or assisted living units and that does not meet the standard of § 10-401(l) (1) (ii) of this subtitle is not subject to review by the Department under § 10-409 through 10-415 of this subtitle.

   (3) A capital improvement or replacement that does not meet the standard of § 10-401(w) of this subtitle is not subject to review by the Department under § 10-409 through 10-415 of this subtitle.

(c) Applicants with more than one facility. -- A provider that has more than one facility offering continuing care shall make a separate application for each facility for preliminary, initial, and renewal certificates of registration.

HISTORY: An. Code 1957, art. 70B, § 9; 2007, ch. 3, § 2.