MD
Maryland House Bill HB68

Maryland 2024 Regular Session

Maryland House Bill HB68 Compare Versions

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1- WES MOORE, Governor Ch. 258
21
3-– 1 –
4-Chapter 258
5-(House Bill 68)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0068*
810
9-Continuing Care Retirement Communities – Governing Bodies Transparency,
10-Grievances, and Entrance Fees Unit Reoccupancy
11+HOUSE BILL 68
12+O2, J3 (4lr1289)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Delegate Stein Delegates Stein, Hill, Feldmark, Alston, Bagnall,
16+Bhandari, Chisholm, Cullison, Guzzone, Hutchinson, S. Johnson, Kaiser,
17+Kerr, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly,
18+Rosenberg, Szeliga, Taveras, White Holland, and Woods
1119
12-FOR the purpose of altering the membership of governing bodies of continuing care
13-retirement communities by increasing the number of subscribers under certain
14-circumstances requiring a provider to post the provider’s most recent disclosure
15-statement on the provider’s website; altering the number of times select committees
16-of certain providers are required to meet with hold a meeting open to all of the
17-provider’s subscribers each year; requiring an authorized officer of a provider to
18-provide a summary of certain grievance information at certain meetings; authorizing
19-a subscriber member of a governing body to report on certain nonconfidential
20-information; requiring the Department of Aging to collect certain information about
21-certain internal grievances; altering the processes for the termination of a continuing
22-care agreement under certain circumstances; altering the process for refunding
23-certain entrance fees under certain circumstances; requiring a provider to submit
24-certain reports to a subscriber or a subscriber’s beneficiary if the subscriber’s unit
25-has not been reoccupied within certain periods of time; and generally relating to
26-continuing care retirement communities.
20+Read and Examined by Proofreaders:
2721
28-BY repealing and reenacting, without amendments,
29- Article – Human Services
30-Section 10–101(a), (e), and (h)
31- Annotated Code of Maryland
32- (2019 Replacement Volume and 2023 Supplement)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
3326
34-BY adding to
35- Article – Human Services
36-Section 10–401(v)
37- Annotated Code of Maryland
38- (2019 Replacement Volume and 2023 Supplement)
27+Sealed with the Great Seal and presented to the Governor, for his approval this
3928
40-BY repealing and reenacting, with amendments,
41- Article – Human Services
42-Section 10–401(v) and (w), 10–408(b)(3), 10–424, 10–426, 10–427, 10–428, and
43-10–449
44- Annotated Code of Maryland
45- (2019 Replacement Volume and 2023 Supplement)
29+_______ day of _______________ at ________________________ o’c lock, ________M.
4630
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 258 2024 LAWS OF MARYLAND
31+______________________________________________
32+Speaker.
5033
51-– 2 –
52-Article – Human Services
34+CHAPTER ______
5335
54-10–101.
36+AN ACT concerning 1
5537
56- (a) In this title the following words have the meanings indicated.
38+Continuing Care Retirement Communities – Governing Bodies Transparency, 2
39+Grievances, and Entrance Fees Unit Reoccupancy 3
5740
58- (e) “Department” means the Department of Aging.
41+FOR the purpose of altering the membership of governing bodies of continuing care 4
42+retirement communities by increasing the number of subscribers under certain 5
43+circumstances requiring a provider to post the provider’s most recent disclosure 6
44+statement on the provider’s website; altering the number of times select committees 7
45+of certain providers are required to meet with hold a meeting open to all of the 8
46+provider’s subscribers each year; requiring an authorized officer of a provider to 9
47+provide a summary of certain grievance information at certain meetings; authorizing 10
48+a subscriber member of a governing body to report on certain nonconfidential 11
49+information; requiring the Department of Aging to collect certain information about 12 2 HOUSE BILL 68
5950
60- (h) “Secretary” means the Secretary of Aging.
6151
62-10–401.
52+certain internal grievances; altering the processes for the termination of a continuing 1
53+care agreement under certain circumstances; altering the process for refunding 2
54+certain entrance fees under certain circumstances; requiring a provider to submit 3
55+certain reports to a subscriber or a subscriber’s beneficiary if the subscriber’s unit 4
56+has not been reoccupied within certain periods of time; and generally relating to 5
57+continuing care retirement communities. 6
6358
64- (V) “RESIDENT ASSOCIATION ” INCLUDES A RESIDENT ASSOCIATION OR AN
65-EQUIVALENT BODY .
59+BY repealing and reenacting, without amendments, 7
60+ Article – Human Services 8
61+Section 10–101(a), (e), and (h) 9
62+ Annotated Code of Maryland 10
63+ (2019 Replacement Volume and 2023 Supplement) 11
6664
67- [(v)] (W) “Subscriber” means an individual for whom a continuing care
68-agreement is purchased.
65+BY adding to 12
66+ Article – Human Services 13
67+Section 10–401(v) 14
68+ Annotated Code of Maryland 15
69+ (2019 Replacement Volume and 2023 Supplement) 16
6970
70- [(w)] (X) (1) “Surcharge” means a separate and additional charge that:
71+BY repealing and reenacting, with amendments, 17
72+ Article – Human Services 18
73+Section 10–401(v) and (w), 10–408(b)(3), 10–424, 10–426, 10–427, 10–428, and 19
74+10–449 20
75+ Annotated Code of Maryland 21
76+ (2019 Replacement Volume and 2023 Supplement) 22
7177
72- (i) is imposed simultaneously with the entrance fee; and
78+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
79+That the Laws of Maryland read as follows: 24
7380
74- (ii) may be required of some, but not all, subscribers because of a
75-condition or circumstance that applies only to those subscribers.
81+Article – Human Services 25
7682
77- (2) “Surcharge” does not include a second person entrance fee.
83+10–101. 26
7884
79-10–408.
85+ (a) In this title the following words have the meanings indicated. 27
8086
81- (b) (3) A capital improvement or replacement that does not meet the standard
82-of [§ 10–401(w)] § 10–401(X) of this subtitle is not subject to review by the Department
83-under §§ 10–409 through 10–415 of this subtitle.
87+ (e) “Department” means the Department of Aging. 28
8488
85-10–424.
89+ (h) “Secretary” means the Secretary of Aging. 29
8690
87- (a) (1) A provider shall give without cost a disclosure statement for each
88-facility for which the provider holds a preliminary, initial, or renewal certificate of
89-registration:
91+10–401. 30
9092
91- (i) to a prospective subscriber before the earlier of payment of any
92-part of the entrance fee or execution of a continuing care agreement; and
93+ (V) “RESIDENT ASSOCIATION ” INCLUDES A RESIDENT ASSOCIATION OR AN 31
94+EQUIVALENT BODY . 32
9395
94- (ii) annually to any subscriber who requests a disclosure statement.
95- WES MOORE, Governor Ch. 258
96+ [(v)] (W) “Subscriber” means an individual for whom a continuing care 33
97+agreement is purchased. 34 HOUSE BILL 68 3
9698
97-– 3 –
98- (2) A provider shall submit its initial disclosure statement to the
99-Department for review at least 45 days before giving the statement to any prospective
100-subscriber.
10199
102- (b) (1) A provider shall revise the disclosure statement annually and file it
103-with the Department within 120 days after the end of the provider’s fiscal year.
104100
105- (2) The Department shall review the disclosure statement solely to ensure
106-compliance with § 10–425 of this subtitle.
101+ [(w)] (X) (1) “Surcharge” means a separate and additional charge that: 1
107102
108- (c) (1) An amended disclosure statement is subject to each requirement of this
109-subtitle.
103+ (i) is imposed simultaneously with the entrance fee; and 2
110104
111- (2) A provider shall file an amended disclosure statement with the
112-Department when it is delivered to a subscriber or prospective subscriber.
105+ (ii) may be required of some, but not all, subscribers because of a 3
106+condition or circumstance that applies only to those subscribers. 4
113107
114- (D) A PROVIDER SHALL POST THE MOST RECENT DISC LOSURE STATEMENT
115-ON THE PROVIDER ’S WEBSITE.
108+ (2) “Surcharge” does not include a second person entrance fee. 5
116109
117-10–426.
110+10–408. 6
118111
119- (a) At least [once a year] QUARTERLY , each provider shall hold a meeting open
120-to all of the provider’s subscribers.
112+ (b) (3) A capital improvement or replacement that does not meet the standard 7
113+of [§ 10–401(w)] § 10–401(X) of this subtitle is not subject to review by the Department 8
114+under §§ 10–409 through 10–415 of this subtitle. 9
121115
122- (b) At the [meeting] MEETINGS, an authorized officer of the provider shall:
116+10–424. 10
123117
124- (1) summarize the provider’s operations, significant changes from the
125-previous year, and goals and objectives for the next year; and
118+ (a) (1) A provider shall give without cost a disclosure statement for each 11
119+facility for which the provider holds a preliminary, initial, or renewal certificate of 12
120+registration: 13
126121
127- (2) answer subscribers’ questions.
122+ (i) to a prospective subscriber before the earlier of payment of any 14
123+part of the entrance fee or execution of a continuing care agreement; and 15
128124
129- (C) AT THE LAST QUARTERLY MEETING OF THE YEAR , AN AUTHORIZED
130-OFFICER OF THE PROVI DER SHALL PROVIDE AN AGGREGATED , DEIDENTIFIED
131-SUMMARY OF INTERNAL GRIEVANCES SUBMITTED UNDER § 10–428 OF THIS
132-SUBTITLE.
125+ (ii) annually to any subscriber who requests a disclosure statement. 16
133126
134-10–427.
127+ (2) A provider shall submit its initial disclosure statement to the 17
128+Department for review at least 45 days before giving the statement to any prospective 18
129+subscriber. 19
135130
136- (a) (1) If a provider has a governing body, at least [one] TWO of the provider’s
137-subscribers shall be [a] full and regular [member] MEMBERS of the governing body.
131+ (b) (1) A provider shall revise the disclosure statement annually and file it 20
132+with the Department within 120 days after the end of the provider’s fiscal year. 21
138133
139- (2) If the provider owns or operates [more than three] MULTIPLE facilities
140-in the State, the governing body shall include at least one of the provider’s subscribers [for
141-every three facilities] FROM EACH FACILITY in the State.
142- Ch. 258 2024 LAWS OF MARYLAND
134+ (2) The Department shall review the disclosure statement solely to ensure 22
135+compliance with § 10–425 of this subtitle. 23
143136
144-– 4 –
145- (3) [Subject to paragraph (4) of this subsection, a] A member of the
146-governing body who is selected to meet the requirements of this subsection shall be a
147-subscriber at a facility in the State and be [selected according to the same general written
148-standards and criteria used to select other members of the governing body] ELECTED BY
149-THE RESIDEN T ASSOCIATION OF THE FACILITY.
137+ (c) (1) An amended disclosure statement is subject to each requirement of this 24
138+subtitle. 25
150139
151- (4) [The governing body shall confer with the resident association at each
152-of the provider’s facilities before the subscriber officially joins the governing body].
140+ (2) A provider shall file an amended disclosure statement with the 26
141+Department when it is delivered to a subscriber or prospective subscriber. 27
153142
154- (5) (I) A SUBSCRIBER MEMBER OF A GOVERNING BODY MAY
155-REPORT ON NONCONFIDE NTIAL DELIBERATIONS , ACTIONS, AND POLICIES OF THE
156-GOVERNING BODY TO TH E RESIDENT ASSOCIATI ON.
143+ (D) A PROVIDER SHALL POST THE MOST RECENT DISC LOSURE STATEMENT 28
144+ON THE PROVIDER ’S WEBSITE. 29
145+ 4 HOUSE BILL 68
157146
158- (II) THE GOVERNING BODY IN ITS SOLE BUT REAS ONABLE
159-DISCRETION SHALL DETERMINE WHET HER A MATTER IS CONF IDENTIAL.
160147
161- (5) THE GOVERNING BODY OF EACH OF THE PROVI DER’S FACILITIES
162-SHALL DIRECT AN OFFI CER OF THE PROVIDER TO MEET AT LEAST QUA RTERLY TO
163-REVIEW AND DISCUSS T HE CURRENT FINANCIAL STATEMENTS OF THE PR OVIDER
164-WITH THE RESIDENT AS SOCIATION OR A COMMI TTEE DESIGNATED BY T HE RESIDENT
165-ASSOCIATION.
148+10–426. 1
166149
167- (6) The Secretary may waive the requirements of this subsection for a
168-provider in the process of decertifying as a provider, if the Secretary determines that there
169-are no subscribers willing and able to serve on the governing body.
150+ (a) At least [once a year] QUARTERLY , each provider shall hold a meeting open 2
151+to all of the provider’s subscribers. 3
170152
171- (b) (1) If a provider does not have a governing body, the provider shall appoint
172-a select committee of its officers or partners to meet at least [twice a year] QUARTERLY
173-with the resident association at each of its facilities to address concerns of the subscribers
174-and to ensure that the opinions of subscribers are relayed to all officers or partners of the
175-provider.
153+ (b) At the [meeting] MEETINGS, an authorized officer of the provider shall: 4
176154
177- (2) If a facility does not have a resident association, the committee shall
178-meet with a reasonable number of representatives, not required to exceed fifteen, that the
179-subscribers elect.
155+ (1) summarize the provider’s operations, significant changes from the 5
156+previous year, and goals and objectives for the next year; and 6
180157
181- (c) As determined by the provider’s governing body, the provider shall make
182-available to subscribers either the nonconfidential portions of the minutes of each meeting
183-of the governing body or a summary of the nonconfidential portions of the minutes, within
184-1 month of approval of the minutes.
158+ (2) answer subscribers’ questions. 7
185159
186-10–428.
160+ (C) AT THE LAST QUARTERLY MEETING OF THE YEAR , AN AUTHORIZED 8
161+OFFICER OF THE PROVI DER SHALL PROVIDE AN AGGREGATED , DEIDENTIFIED 9
162+SUMMARY OF INTERNAL GRIEVANCES SUBMITTED UNDER § 10–428 OF THIS 10
163+SUBTITLE. 11
187164
188- (a) A provider shall establish an internal grievance procedure to address a
189-subscriber’s grievance. WES MOORE, Governor Ch. 258
165+10–427. 12
190166
191-– 5 –
167+ (a) (1) If a provider has a governing body, at least [one] TWO of the provider’s 13
168+subscribers shall be [a] full and regular [member] MEMBERS of the governing body. 14
192169
193- (b) The internal grievance procedure shall at least:
170+ (2) If the provider owns or operates [more than three] MULTIPLE facilities 15
171+in the State, the governing body shall include at least one of the provider’s subscribers [for 16
172+every three facilities] FROM EACH FACILITY in the State. 17
194173
195- (1) allow a subscriber or group of subscribers collectively to submit a
196-written grievance to the provider;
174+ (3) [Subject to paragraph (4) of this subsection, a] A member of the 18
175+governing body who is selected to meet the requirements of this subsection shall be a 19
176+subscriber at a facility in the State and be [selected according to the same general written 20
177+standards and criteria used to select other members of the governing body] ELECTED BY 21
178+THE RESIDENT ASSOCIA TION OF THE FACILITY . 22
197179
198- (2) require the provider to send a written acknowledgment to the
199-subscriber or group of subscribers within 5 days after receipt of the written grievance;
180+ (4) [The governing body shall confer with the resident association at each 23
181+of the provider’s facilities before the subscriber officially joins the governing body]. 24
200182
201- (3) require the provider to assign personnel to investigate the grievance;
183+ (5) (I) A SUBSCRIBER MEMBER OF A GOVERNING BODY MAY 25
184+REPORT ON NONCONFIDE NTIAL DELIBERATIONS , ACTIONS, AND POLICIES OF THE 26
185+GOVERNING BODY TO TH E RESIDENT ASSOCIATI ON. 27
202186
203- (4) give a subscriber or group of subscribers who file a written grievance
204-the right to meet with management of the provider within 30 days after receipt of the
205-written grievance to present the grievance; and
187+ (II) THE GOVERNING BODY IN ITS SOLE BUT REAS ONABLE 28
188+DISCRETION SHALL DETERMINE WHET HER A MATTER IS CONF IDENTIAL. 29
206189
207- (5) require the provider to respond in writing within 45 days after receipt
208-of the written grievance regarding the investigation and resolution of the grievance.
190+ (5) THE GOVERNING BODY OF EACH OF THE PROVIDER ’S FACILITIES 30
191+SHALL DIRECT AN OFFI CER OF THE PROVIDER TO MEET AT LEAST QUA RTERLY TO 31
192+REVIEW AND DISCUSS T HE CURRENT FINANCIAL STATEMENTS OF THE PR OVIDER 32 HOUSE BILL 68 5
209193
210- (c) (1) Within 30 days after the conclusion of an internal grievance procedure
211-established under this section, a subscriber, group of subscribers, or provider may seek
212-mediation through one of the Community Mediation Centers in the State or another
213-mediation provider.
214194
215- (2) If a provider, subscriber, or group of subscribers seeks mediation under
216-paragraph (1) of this subsection, the mediation shall be nonbinding.
195+WITH THE RESIDENT AS SOCIATION OR A COMMI TTEE DESIGNATED BY T HE RESIDENT 1
196+ASSOCIATION. 2
217197
218- (D) (1) AT LEAST TWICE EACH Y EAR ON AN ANNUAL BASIS , THE
219-DEPARTMENT SHALL COLL ECT FROM EACH PROVID ER INFORMATION ABOUT
220-INTERNAL GRIEVANCES FILED FOR EACH OF THE PROVIDER ’S FACILITIES,
221-INCLUDING:
198+ (6) The Secretary may waive the requirements of this subsection for a 3
199+provider in the process of decertifying as a provider, if the Secretary determines that there 4
200+are no subscribers willing and able to serve on the governing body. 5
222201
223- (I) THE NUMBER OF INTERN AL GRIEVANCES FILED ;
202+ (b) (1) If a provider does not have a governing body, the provider shall appoint 6
203+a select committee of its officers or partners to meet at least [twice a year] QUARTERLY 7
204+with the resident association at each of its facilities to address concerns of the subscribers 8
205+and to ensure that the opinions of subscribers are relayed to all officers or partners of the 9
206+provider. 10
224207
225- (II) THE SUBJECT MATTER OF EA CH GRIEVANCE FILED
226-AGGREGATED , DEIDENTIFIED SUMMARY OF INTERNAL GRIEVANC ES;
208+ (2) If a facility does not have a resident association, the committee shall 11
209+meet with a reasonable number of representatives, not required to exceed fifteen, that the 12
210+subscribers elect. 13
227211
228- (III) WHETHER A GRIEVANCE WENT TO MEDIATION AN D THE
229-OUTCOME OF THE MEDIA TION; AND
212+ (c) As determined by the provider’s governing body, the provider shall make 14
213+available to subscribers either the nonconfidential portions of the minutes of each meeting 15
214+of the governing body or a summary of the nonconfidential portions of the minutes, within 16
215+1 month of approval of the minutes. 17
230216
231- (IV) THE FINAL DISPOSITIO N OF EACH FILED GRIE VANCE.
217+10–428. 18
232218
233- (2) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT
234-SHALL REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH
235-AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF Ch. 258 2024 LAWS OF MARYLAND
219+ (a) A provider shall establish an internal grievance procedure to address a 19
220+subscriber’s grievance. 20
236221
237-– 6 –
238-THE STATE GOVERNMENT ARTICLE, ON THE DATA RECEIVED FROM EACH
239-PROVIDER UNDER PARAG RAPH (1) OF THIS SUBSECTION .
222+ (b) The internal grievance procedure shall at least: 21
240223
241-10–449.
224+ (1) allow a subscriber or group of subscribers collectively to submit a 22
225+written grievance to the provider; 23
242226
243- (a) A continuing care agreement shall allow a subscriber to terminate the
244-agreement by giving a written termination notice to the provider.
227+ (2) require the provider to send a written acknowledgment to the 24
228+subscriber or group of subscribers within 5 days after receipt of the written grievance; 25
245229
246- [(b) If a continuing care agreement is terminated by the subscriber’s election or
247-death within the first 90 days of occupancy, the provider shall pay any contractual entrance
248-fee refund within 30 days after the earlier to occur of:
230+ (3) require the provider to assign personnel to investigate the grievance; 26
249231
250- (1) the recontracting of the subscriber’s unit by:
232+ (4) give a subscriber or group of subscribers who file a written grievance 27
233+the right to meet with management of the provider within 30 days after receipt of the 28
234+written grievance to present the grievance; and 29
251235
252- (i) another subscriber for whom an entrance fee has been paid; or
236+ (5) require the provider to respond in writing within 45 days after receipt 30
237+of the written grievance regarding the investigation and resolution of the grievance. 31
253238
254- (ii) another party who is not a subscriber; or
239+ (c) (1) Within 30 days after the conclusion of an internal grievance procedure 32
240+established under this section, a subscriber, group of subscribers, or provider may seek 33 6 HOUSE BILL 68
255241
256- (2) the later to occur of:
257242
258- (i) the 90th day after the date the written termination notice is
259-given or the date of death; or
243+mediation through one of the Community Mediation Centers in the State or another 1
244+mediation provider. 2
260245
261- (ii) the day the independent living units at the facility have operated
262-at 95% of capacity for the previous 6 months.
246+ (2) If a provider, subscriber, or group of subscribers seeks mediation under 3
247+paragraph (1) of this subsection, the mediation shall be nonbinding. 4
263248
264- (c) If a continuing care agreement is terminated by the subscriber’s election or
265-death after the first 90 days of occupancy, the provider shall pay any contractual entrance
266-fee refund within 60 days after the subscriber’s death or the effective date of termination,
267-if on the date of death or at any time between the date the written termination notice is
268-given and the effective date of termination:
249+ (D) (1) AT LEAST TWICE EACH Y EAR ON AN ANNU AL BASIS, THE 5
250+DEPARTMENT SHALL COLL ECT FROM EACH PROVID ER INFORMATION ABOUT 6
251+INTERNAL GRIEVANCES FILED FOR EACH OF TH E PROVIDER ’S FACILITIES, 7
252+INCLUDING: 8
269253
270- (1) the subscriber resides in a unit at a higher level of care than the level
271-of care in which the subscriber resided on initially entering the facility; and
254+ (I) THE NUMBER OF INTERN AL GRIEVANCES FILED ; 9
272255
273- (2) the last unit in which the subscriber resided at the initial level of care
274-on entering the facility has been occupied by or reserved for another subscriber who has
275-paid an entrance fee.]
256+ (II) THE SUBJECT MATTER OF EA CH GRIEVANCE FILED 10
257+AGGREGATED , DEIDENTIFIED SUMMARY OF INTERNAL GRIEVANC ES; 11
276258
277- (B) (1) IF A CONTINUING CARE AGREEMENT IS TERMINA TED:
259+ (III) WHETHER A GRIEVANCE WENT TO MEDIATION AN D THE 12
260+OUTCOME OF THE MEDIA TION; AND 13
278261
279- (I) BY WRITTEN NOTICE GI VEN BY A SUBSCRIBER , THE
280-TERMINATION DATE OF THE CONTINUING CARE AGREEMENT SHALL BE O N THE DATE
281-ON WHICH THE SUBSCRI BER VACATED THE UNIT AND REMOVED ALL PERS ONAL
282-PROPERTY OF THE SUBS CRIBER FROM THE UNIT ; OR WES MOORE, Governor Ch. 258
262+ (IV) THE FINAL DISPOSITIO N OF EACH FILED GRIE VANCE. 14
283263
284-– 7 –
264+ (2) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT 15
265+SHALL REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH 16
266+AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF 17
267+THE STATE GOVERNMENT ARTICLE, ON THE DATA RECEIVED FROM EACH 18
268+PROVIDER UNDER PARAG RAPH (1) OF THIS SUBSECTION . 19
285269
286- (II) ON THE SUBSCRIBER ’S DEATH, THE TERMINATION OF T HE
287-CONTINUING CARE AGRE EMENT SHALL BE EFFEC TIVE ON THE DATE OF THE
288-SUBSCRIBER’S DEATH.
270+10–449. 20
289271
290- (2) WHEN A CONTINUING CAR E AGREEMENT IS TERMI NATED BY THE
291-SUBSCRIBER’S ELECTION OR DEATH , THE PROVIDER SHALL P AY ANY CONTRACTUAL
292-ENTRANCE FEE REFUND .
272+ (a) A continuing care agreement shall allow a subscriber to terminate the 21
273+agreement by giving a written termination notice to the provider. 22
293274
294- (C) (1) IF A CONTINUING CARE AGREEMENT PROVIDES F OR A
295-REFUNDABLE ENTRANCE FEE CONDITIONED ON T HE REOCCUPANCY OR
296-RECONTRACTING OF THE SUBSCRIBER’S UNIT, THE PROVIDER SHALL ASSIGN THE
297-UNIT A SEQUENTIAL RE FUND NUMBER TO DETER MINE THE ORDER OF RE FUNDABLE
298-ENTRANCE FEES TO BE PAID.
275+ [(b) If a continuing care agreement is terminated by the subscriber’s election or 23
276+death within the first 90 days of occupancy, the provider shall pay any contractual entrance 24
277+fee refund within 30 days after the earlier to occur of: 25
299278
300- (2) WHEN A SEQUENTIAL REF UND NUMBER IS ASSIGN ED UNDER
301-PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL R ECORD:
279+ (1) the recontracting of the subscriber’s unit by: 26
302280
303- (I) THE DATE WHEN THE NUMBER WAS ASSIG NED; AND
281+ (i) another subscriber for whom an entrance fee has been paid; or 27
304282
305- (II) THE NUMBER OF VACATE D AND AVAILABLE UNIT S AT THE
306-FACILITY ON THE DATE THE NUMBER WAS ASSIG NED.
283+ (ii) another party who is not a subscriber; or 28
307284
308- (D) (1) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION ,
309-BEGINNING 60 DAYS AFTER THE EFFEC TIVE DATE OF TERMINA TION OF A
310-CONTINUING CARE AGRE EMENT, THE SUBSCRIBER OR TH E SUBSCRIBER ’S ESTATE
311-SHALL HAVE THE RIGHT TO RECEIVE A REFUND IN THE AMOUNT EQUAL TO ANY
312-ENTRANCE FEE PROVIDE D IN THE CONTINUING CARE AGREEMENT LESS THE
313-AMOUNT OF ANY :
285+ (2) the later to occur of: 29
286+ HOUSE BILL 68 7
314287
315- (I) UNPAID FEES OR CHARG ES INCURRED BY THE SUBS CRIBER,
316-INCLUDING MONTHLY SE RVICES FEES; AND
317288
318- (II) CHARITABLE ASSISTANC E PROVIDED BY THE PR OVIDER TO
319-THE SUBSCRIBER .
289+ (i) the 90th day after the date the written termination notice is 1
290+given or the date of death; or 2
320291
321- (2) AFTER A CONTINUING CA RE AGREEMENT TERMINA TES, THE
322-BALANCE ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE
323-PAYABLE TO THE SUBSC RIBER OR SUBSCRIBER ’S ESTATE IN THE ORDE R OF THE
324-SEQUENTIAL REFUND NU MBER ASSIGNED UNDER SUBSECTION (C) OF THIS SECTION.
292+ (ii) the day the independent living units at the facility have operated 3
293+at 95% of capacity for the previous 6 months. 4
325294
326- (E) NOTWITHSTANDING OTHER PROVISIONS OF LAW , A PROVIDER SHALL
327-PAY THE BALANCE OF A NY CONTRACTUAL ENTRA NCE FEE REFUND WITHIN 60 DAYS
328-OF THE TERMINATION D ATE IF ON THE TERMIN ATION DATE A SUBSCRI BER RESIDED Ch. 258 2024 LAWS OF MARYLAND
295+ (c) If a continuing care agreement is terminated by the subscriber’s election or 5
296+death after the first 90 days of occupancy, the provider shall pay any contractual entrance 6
297+fee refund within 60 days after the subscriber’s death or the effective date of termination, 7
298+if on the date of death or at any time between the date the written termination notice is 8
299+given and the effective date of termination: 9
329300
330-– 8 –
331-IN A UNIT AT A HIGHE R LEVEL OF CARE THAN THE LEVEL OF CARE IN WHICH THE
332-SUBSCRIBER RESIDED W HEN THE SUBSCRIBER I NITIALLY RESIDED AT THE
333-FACILITY.
301+ (1) the subscriber resides in a unit at a higher level of care than the level 10
302+of care in which the subscriber resided on initially entering the facility; and 11
334303
335- [(d)] (F) This section does not prohibit a provider from requiring that a
336-subscriber’s unit be vacated before any contractual entrance fee refund is paid as a result
337-of the subscriber’s election to terminate a continuing care agreement.
304+ (2) the last unit in which the subscriber resided at the initial level of care 12
305+on entering the facility has been occupied by or reserved for another subscriber who has 13
306+paid an entrance fee.] 14
338307
339- (G) (E) EVERY 6 MONTHS, A PROVIDER SHALL SUB MIT TO THE
340-DEPARTMENT A REPORT THAT INCLUDES , FOR THE PRIOR 6 MONTHS:
308+ (B) (1) IF A CONTINUING CARE AGREEMENT IS TERMINA TED: 15
341309
342- (1) THE NUMBER OF SATISF IED ENTRANCE FEE REF UNDS;
310+ (I) BY WRITTEN NOTICE GI VEN BY A SUBSCRIBER , THE 16
311+TERMINATION DATE OF THE CONTINUING CARE AGREEMENT SHALL BE O N THE DATE 17
312+ON WHICH THE SUBSCRI BER VACATED THE UNIT AND REMOVED ALL PERSONAL 18
313+PROPERTY OF THE SUBS CRIBER FROM THE UNIT ; OR 19
343314
344- (2) THE DOLLAR AMOUNT OF EACH SATISFIED ENTRA NCE FEE
345-REFUND;
315+ (II) ON THE SUBSCRIBER ’S DEATH, THE TERMINATION OF T HE 20
316+CONTINUING CARE AGRE EMENT SHALL BE EFFEC TIVE ON THE DATE OF THE 21
317+SUBSCRIBER’S DEATH. 22
346318
347- (3) THE OUTSTANDING SEQU ENTIAL LIST OF ENTRA NCE FEE
348-REFUNDS, INCLUDING DOLLAR AMO UNTS DUE;
319+ (2) WHEN A CONTINUING CAR E AGREEMENT IS TERMINATED BY THE 23
320+SUBSCRIBER’S ELECTION OR DEATH , THE PROVIDER SHALL P AY ANY CONTRACTUAL 24
321+ENTRANCE FEE REFUND . 25
349322
350- (4) THE CURRENT PERCENTA GE OF UNITS AT A FAC ILITY THAT ARE
351-OCCUPIED; AND
323+ (C) (1) IF A CONTINUING CARE AGREEMENT PROVIDES F OR A 26
324+REFUNDABLE ENTRANCE FEE CONDITIONED ON T HE REOCCUPANCY OR 27
325+RECONTRACTING OF THE SUBSCRIBER’S UNIT, THE PROVIDER SHALL A SSIGN THE 28
326+UNIT A SEQUENTIAL RE FUND NUMBER TO DETER MINE THE ORDER OF RE FUNDABLE 29
327+ENTRANCE FEES TO BE PAID. 30
352328
353- (5) THE AVERAGE LENGTH O F TIME THE PROVIDER TAKES TO
354-CONTRACT OR RECONTRA CT UNITS
329+ (2) WHEN A SEQUENTIAL REF UND NUMBER IS ASSIGN ED UNDER 31
330+PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL R ECORD: 32
355331
356- (1) IF AN ENTRANCE FEE RE FUND IS CONDITIONED ON THE
357-REOCCUPYING OF A SUB SCRIBER’S UNIT AND THE UNIT HAS NOT BEEN REOCCUP IED
358-WITHIN 9 MONTHS OF THE SUBSCR IBER’S DEATH OR THE DATE OF THE CONTRACT
359-TERMINATION , A PROVIDER SHALL SUB MIT A WRITTEN REPORT TO THE SUBSCRIBER
360-OR THE SUBSCRIBER ’S BENEFICIARY STA TING:
332+ (I) THE DATE WHEN THE NU MBER WAS ASSIGNED ; AND 33
333+ 8 HOUSE BILL 68
361334
362- (I) THAT THE UNIT HAS NO T BEEN REOCCUPIED ; AND
363335
364- (II) THE EFFORTS THE PROV IDER HAS MADE TO REO CCUPY THE
365-UNIT.
336+ (II) THE NUMBER OF VACATE D AND AVAILABLE UNIT S AT THE 1
337+FACILITY ON THE DATE THE NUMBER WAS ASSIG NED. 2
366338
367- (2) AFTER THE PROVIDER SU BMITTED THE REPORT R EQUIRED
368-UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL S UBMIT AN
369-UPDATED W RITTEN REPORT TO THE SUBSCRIBER OR THE SU BSCRIBER’S
370-BENEFICIARY EVERY 6 MONTHS UNTIL THE SUB SCRIBER’S UNIT HAS BEEN
371-REOCCUPIED .
372- WES MOORE, Governor Ch. 258
339+ (D) (1) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , 3
340+BEGINNING 60 DAYS AFTER THE EFFEC TIVE DATE OF TERMINATION OF A 4
341+CONTINUING CARE AGRE EMENT, THE SUBSCRIBER OR TH E SUBSCRIBER ’S ESTATE 5
342+SHALL HAVE THE RIGHT TO RECEIVE A REFUND IN THE AMOUNT EQUAL TO ANY 6
343+ENTRANCE FEE PROVIDE D IN THE CONTINUING CARE AGREEMENT LESS THE 7
344+AMOUNT OF ANY : 8
373345
374-– 9 –
375- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
376-apply only prospectively and may not be applied or interpreted to have any effect on or
377-application to any cause of action arising before the effective date of this Act.
346+ (I) UNPAID FEES OR CHARGES INCU RRED BY THE SUBSCRIB ER, 9
347+INCLUDING MONTHLY SE RVICES FEES; AND 10
378348
379- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
380-October 1, 2024.
349+ (II) CHARITABLE ASSISTANC E PROVIDED BY THE PR OVIDER TO 11
350+THE SUBSCRIBER . 12
381351
382-Approved by the Governor, April 25, 2024.
352+ (2) AFTER A CONTINUING CA RE AGREEMENT TERMINA TES, THE 13
353+BALANCE ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHAL L BE 14
354+PAYABLE TO THE SUBSC RIBER OR SUBSCRIBER ’S ESTATE IN THE ORDE R OF THE 15
355+SEQUENTIAL REFUND NU MBER ASSIGNED UNDER SUBSECTION (C) OF THIS SECTION. 16
356+
357+ (E) NOTWITHSTANDING OTHER PROVISIONS OF LAW , A PROVIDER SHALL 17
358+PAY THE BALANCE OF A NY CONTRACTUAL ENTRANCE FE E REFUND WITHIN 60 DAYS 18
359+OF THE TERMINATION D ATE IF ON THE TERMIN ATION DATE A SUBSCRI BER RESIDED 19
360+IN A UNIT AT A HIGHE R LEVEL OF CARE THAN THE LEVEL OF CARE IN WHICH THE 20
361+SUBSCRIBER RESIDED W HEN THE SUBSCRIBER I NITIALLY RESIDED AT THE 21
362+FACILITY. 22
363+
364+ [(d)] (F) This section does not prohibit a provider from requiring that a 23
365+subscriber’s unit be vacated before any contractual entrance fee refund is paid as a result 24
366+of the subscriber’s election to terminate a continuing care agreement. 25
367+
368+ (G) (E) EVERY 6 MONTHS, A PROVIDER SHALL SUB MIT TO THE 26
369+DEPARTMENT A REPORT THAT INCLUDES , FOR THE PRIOR 6 MONTHS: 27
370+
371+ (1) THE NUMBER OF SATISF IED ENTRANCE FEE REF UNDS; 28
372+
373+ (2) THE DOLLAR AMOUNT OF EACH SATISFIED ENTRA NCE FEE 29
374+REFUND; 30
375+
376+ (3) THE OUTSTANDING SEQU ENTIAL LIST OF ENTRANCE FEE 31
377+REFUNDS, INCLUDING DOLLAR AMO UNTS DUE; 32
378+ HOUSE BILL 68 9
379+
380+
381+ (4) THE CURRENT PERCENTA GE OF UNITS AT A FAC ILITY THAT ARE 1
382+OCCUPIED; AND 2
383+
384+ (5) THE AVERAGE LENGTH O F TIME THE PROVIDER TAKES TO 3
385+CONTRACT OR RECONTRA CT UNITS 4
386+
387+ (1) IF AN ENTRANCE FEE RE FUND IS CONDITIONED ON TH E 5
388+REOCCUPYING OF A SUB SCRIBER’S UNIT AND THE UNIT HAS NOT BEEN REOCCUP IED 6
389+WITHIN 9 MONTHS OF THE SUBSCR IBER’S DEATH OR THE DATE OF THE CONTRACT 7
390+TERMINATION , A PROVIDER SHALL SUB MIT A WRITTEN REPORT TO THE SUBSCRIBER 8
391+OR THE SUBSCRIBER ’S BENEFICIARY STATING : 9
392+
393+ (I) THAT THE UNIT HAS NO T BEEN REOCCUPIED ; AND 10
394+
395+ (II) THE EFFORTS THE PROV IDER HAS MADE TO REO CCUPY THE 11
396+UNIT. 12
397+
398+ (2) AFTER THE PROVIDER SU BMITTED THE REPORT R EQUIRED 13
399+UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL S UBMIT AN 14
400+UPDATED WRITTEN REPO RT TO THE SUBSCRIBER OR THE SUBSCRIBER ’S 15
401+BENEFICIARY EVERY 6 MONTHS UNTIL THE SUB SCRIBER’S UNIT HAS BEEN 16
402+REOCCUPIED . 17
403+
404+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
405+apply only prospectively and may not be applied or interpreted to have any effect on or 19
406+application to any cause of action arising before the effective date of this Act. 20
407+
408+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
409+October 1, 2024. 22
410+
411+
412+
413+
414+Approved:
415+________________________________________________________________________________
416+ Governor.
417+________________________________________________________________________________
418+ Speaker of the House of Delegates.
419+________________________________________________________________________________
420+ President of the Senate.