§ 10-448. Dismissal or discharge of subscriber before expiration of agreement

   (a) Dismissal or discharge of subscriber by provider. -- A continuing care agreement may not allow dismissal or discharge of the subscriber from the facility providing care before the agreement expires unless:

   (1) the provider has just cause for the dismissal or discharge; and

   (2) the provider gives the subscriber at least 60 days' advance notice.

(b) Refund required. -- If a provider terminates a subscriber's continuing care agreement for just cause, the provider shall pay the subscriber a refund calculated in accordance with subsection (c) of this section, within 60 days after the later of:

   (1) the date of dismissal or discharge; or

   (2) the date the subscriber vacates the unit.

(c) Calculation of refund. --

   (1) The subscriber's refund shall equal the entrance fee divided by the subscriber's years of expected lifetime at admission, multiplied by the subscriber's years of expected lifetime at dismissal or discharge.

   (2) A subscriber's years of expected lifetime at admission and at dismissal or discharge shall be computed based on the appropriate tables most recently published by the U.S. Department of Health and Human Services at the time of dismissal or discharge.

HISTORY: An. Code 1957, art. 70B, § 15; 2007, ch. 3, § 2.