§ 10-445. Continuing care agreements -- Approval by Department; availability for inspection

   (a) Approval by Department. --

   (1) (i) If a provider's feasibility study has been approved under § 10-409 of this subtitle, the Department, within 120 days after receipt of a continuing care agreement or any other related agreement submitted by a provider, shall determine whether the agreement complies with the requirements of this subtitle.

      (ii) At any time during the review process, the Department may submit comments to or request additional information from the provider to determine whether the agreement complies with the requirements of this subtitle and other applicable law.

      (iii) If the Department submits comments or a request for additional information under subparagraph (ii) of this paragraph, the 120-day review period under subparagraph (i) of this paragraph is suspended.

      (iv) On receipt of any requested information or modifications to the agreement necessitated by the Department's comments under subparagraph (iii) of this paragraph, the Department, within the number of days remaining in the 120-day review period, shall:

         1. complete its review to determine whether the agreement meets the requirements of this subtitle and other applicable law identified by the Department in accordance with subparagraph (ii) of this paragraph; and

         2. approve or disapprove the agreement.

      (v) 1. If the Department does not approve the agreement, the Department shall notify the provider in writing, including citations to the specific provisions of law that the Department determined were not complied with in the agreement.

         2. A provider may appeal the disapproval of an agreement under subparagraph (iv) of this paragraph under the provisions of Title 10, Subtitle 2 of the State Government Article.

   (2) If the Department does not act within 120 days, the agreement is deemed approved.

(b) Availability for inspection. -- The provider shall maintain the continuing care agreement at the facility and make it available for inspection by the Department of Health and Mental Hygiene under Title 19, Subtitle 18, of the Health - General Article and Title 10, Subtitle 3 of the Health - General Article.

(c) Approval of modification of agreement. -- If a provider is seeking approval for a modification to an approved continuing care agreement or other related agreement, the Department shall limit its review to:

   (1) the section of the agreement being modified and any sections directly affected by the modification; and

   (2) any section of the agreement that may have been affected by a change in the law or a regulation that was enacted after the Department approved the agreement.

(d) Exception for separate assisted living agreement. -- If the continuing care agreement is not an extensive agreement or a modified agreement and the provider uses a separate assisted living agreement:

   (1) the provider is not required to submit the assisted living agreement or any requests for modifications to the Department for approval; and

   (2) (i) the provider shall state in its continuing care agreement that, if the subscriber wishes to transfer to assisted living, the subscriber will be required to sign an additional separate agreement for assisted living services that will not be approved by the Department for compliance with legal requirements or coordination with the continuing care agreement; and

      (ii) the provider may include a provision in its continuing care agreement stating that assisted living contracts and services are regulated by the Office of Health Care Quality within the Department of Health and Mental Hygiene.

(e) Exception for separate comprehensive care agreement. -- If the continuing care agreement is not an extensive agreement or a modified agreement and the provider uses a separate comprehensive care agreement:

   (1) the provider is not required to submit the comprehensive care agreement or any requests for modifications to the Department for approval; and

   (2) (i) the provider shall state in its continuing care agreement that, if the subscriber wishes to transfer to comprehensive care, the subscriber will be required to sign an additional separate agreement for comprehensive care services that will not be approved by the Department for compliance with legal requirements or coordination with the continuing care agreement; and

      (ii) the provider may include a provision in its continuing care agreement stating that comprehensive care facilities contracts and services are regulated by the Office of Health Care Quality within the Department of Health and Mental Hygiene.

HISTORY: An. Code 1957, art. 70B, § 13(c), (e); 2007, ch. 3, § 2; 2009, ch. 750; 2012, chs. 523, 524.