§ 10-479. Grounds for conservation, rehabilitation, or liquidation of providers

   (a) Conservation or rehabilitation. -- The Secretary may apply to the court for an order that directs the Secretary to conserve or rehabilitate a provider, if the provider:

   (1) is a provider for which the Department has made a determination of significant risk of financial failure under Part VII of this subtitle;

   (2) has refused to submit to the Secretary or a deputy or examiner of the Secretary, for reasonable examination, any of the property, books, records, accounts, or affairs of the provider, or of a subsidiary or related company of the provider within the provider's control;

   (3) has concealed or removed its assets or records;

   (4) has willfully violated its charter, articles of incorporation, a State law, or an order of the Secretary;

   (5) after reasonable notice, has failed promptly and effectively to terminate the employment, status, and influence over the management of the provider of a person that has executive authority in fact over the provider and has refused to be examined under oath about the affairs of the provider in the State or elsewhere;

   (6) has been or is the subject of an application for appointment of a receiver, trustee, custodian, sequestrator, or similar fiduciary of the provider or its property in an action that was not filed under this subtitle, regardless of whether the appointment:

      (i) has been made;

      (ii) may deny the courts of the State jurisdiction; or

      (iii) may prejudice an orderly delinquency proceeding under this subtitle;

   (7) has consented to the order for conservation or rehabilitation through a majority of its directors, stockholders, members, or subscribers;

   (8) has failed to pay a final judgment rendered against it in the State on a continuing care agreement issued or assumed by the provider, within 60 days after the latest of:

      (i) the day on which the judgment became final;

      (ii) the day on which the time for taking an appeal expired; or

      (iii) the day on which an appeal was dismissed before final termination;

   (9) after examination by the Secretary, is found to be in a condition in which further transaction of its business will be hazardous to its subscribers, bondholders, creditors, or the public;

   (10) has failed to remove a person that has executive authority in fact over the provider after the Secretary has found that person to be dishonest or untrustworthy in a manner that may affect the business of the provider;

   (11) has reasonable cause to know, or should have known, that there has been:

      (i) embezzlement of funds from the provider;

      (ii) wrongful sequestration or diversion of assets of the provider;

      (iii) forgery or fraud that affects the provider; or

      (iv) other illegal conduct in, by, or with respect to the provider;

   (12) is controlled directly or indirectly by a person that the Secretary finds to be untrustworthy; or

   (13) has failed to file a financial report required by law within the time allowed by law and, after written demand by the Secretary, has failed to give an immediate and adequate explanation.

(b) Liquidation. --

   (1) If the appointment of the Secretary as receiver is not then in effect, and even if no previous order has directed the Secretary to rehabilitate a provider, the Secretary may apply to the court for an order that appoints the Secretary as receiver and that directs the Secretary to liquidate the provider if the provider:

      (i) has not done business for at least 1 year;

      (ii) is a provider determined to have a significant risk of financial failure under Part VII of this subtitle and has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute an action or proceeding to liquidate its business or affairs, to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any law except this title;

      (iii) is doing business in a fraudulent manner; or

      (iv) is in a condition in which further rehabilitation efforts on any grounds specified in subsection (a) of this section appear to be useless.

   (2) If at any time during a rehabilitation proceeding the Secretary determines that further efforts to rehabilitate the provider would be useless, the Secretary may apply to the court for an order of liquidation.

HISTORY: An. Code 1957, art. 70B, § 20G; 2007, ch. 3, § 2.