MD
Maryland Senate Bill SB76

Maryland 2024 Regular Session

Maryland Senate Bill SB76 Compare Versions

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1- WES MOORE, Governor Ch. 257
21
3-– 1 –
4-Chapter 257
5-(Senate Bill 76)
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+ *sb0076*
89
9-Continuing Care Retirement Communities – Governing Bodies Transparency,
10-Grievances, and Entrance Fees Unit Reoccupancy
10+SENATE BILL 76
11+O2, J3 4lr1287
12+ (PRE–FILED) CF HB 68
13+By: Senators Lam and Hettleman
14+Requested: October 30, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 16, 2024
1120
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.
21+CHAPTER ______
2722
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)
23+AN ACT concerning 1
3324
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)
25+Continuing Care Retirement Communities – Governing Bodies Transparency, 2
26+Grievances, and Entrance Fees Unit Reoccupancy 3
3927
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)
28+FOR the purpose of altering the membership of governing bodies of continuing care 4
29+retirement communities by increasing the number of subscribers under certain 5
30+circumstances requiring a provider to post the provider’s most recent disclosure 6
31+statement on the provider’s website; altering the number of times select committees 7
32+of certain providers are required to meet with hold a meeting open to all of the 8
33+provider’s subscribers each year; requiring an authorized officer of a provider to 9
34+provide a summary of certain grievance information at certain meetings; authorizing 10
35+a subscriber member of a governing body to report on certain nonconfidential 11
36+information; requiring the Department of Aging to collect certain information about 12
37+certain internal grievances; altering the processes for the termination of a continuing 13
38+care agreement under certain circumstances; altering the process for refunding 14
39+certain entrance fees under certain circumstances; requiring a provider to submit 15
40+certain reports to a subscriber or a subscriber’s beneficiary if the subscriber’s unit 16
41+has not been reoccupied within certain periods of time; and generally relating to 17
42+continuing care retirement communities. 18
4643
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM BLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 257 2024 LAWS OF MARYLAND
44+BY repealing and reenacting, without amendments, 19
45+ Article – Human Services 20
46+Section 10–101(a), (e), and (h) 21
47+ Annotated Code of Maryland 22
48+ (2019 Replacement Volume and 2023 Supplement) 23 2 SENATE BILL 76
5049
51-– 2 –
52-Article – Human Services
5350
54-10–101.
5551
56- (a) In this title the following words have the meanings indicated.
52+BY adding to 1
53+ Article – Human Services 2
54+Section 10–401(v) 3
55+ Annotated Code of Maryland 4
56+ (2019 Replacement Volume and 2023 Supplement) 5
5757
58- (e) “Department” means the Department of Aging.
58+BY repealing and reenacting, with amendments, 6
59+ Article – Human Services 7
60+Section 10–401(v) and (w), 10–408(b)(3), 10–424, 10–426, 10–427, 10–428, and 8
61+10–449 9
62+ Annotated Code of Maryland 10
63+ (2019 Replacement Volume and 2023 Supplement) 11
5964
60- (h) “Secretary” means the Secretary of Aging.
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66+That the Laws of Maryland read as follows: 13
6167
62-10–401.
68+Article – Human Services 14
6369
64- (V) “RESIDENT ASSOCIATION ” INCLUDES A RESIDENT ASSOCIATION OR AN
65-EQUIVALENT BODY .
70+10–101. 15
6671
67- [(v)] (W) “Subscriber” means an individual for whom a continuing care
68-agreement is purchased.
72+ (a) In this title the following words have the meanings indicated. 16
6973
70- [(w)] (X) (1) “Surcharge” means a separate and additional charge that:
74+ (e) “Department” means the Department of Aging. 17
7175
72- (i) is imposed simultaneously with the entrance fee; and
76+ (h) “Secretary” means the Secretary of Aging. 18
7377
74- (ii) may be required of some, but not all, subscribers because of a
75-condition or circumstance that applies only to those subscribers.
78+10–401. 19
7679
77- (2) “Surcharge” does not include a second person entrance fee.
80+ (V) “RESIDENT ASSOCIATION ” INCLUDES A RESIDENT ASSOCIATION OR AN 20
81+EQUIVALENT BODY . 21
7882
79-10–408.
83+ [(v)] (W) “Subscriber” means an individual for whom a continuing care 22
84+agreement is purchased. 23
8085
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.
86+ [(w)] (X) (1) “Surcharge” means a separate and additional charge that: 24
8487
85-10–424.
88+ (i) is imposed simultaneously with the entrance fee; and 25
8689
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:
90+ (ii) may be required of some, but not all, subscribers because of a 26
91+condition or circumstance that applies only to those subscribers. 27
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+ (2) “Surcharge” does not include a second person entrance fee. 28
9394
94- (ii) annually to any subscriber who requests a disclosure statement.
95- WES MOORE, Governor Ch. 257
95+10–408. 29
96+ SENATE BILL 76 3
9697
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.
10198
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.
99+ (b) (3) A capital improvement or replacement that does not meet the standard 1
100+of [§ 10–401(w)] § 10–401(X) of this subtitle is not subject to review by the Department 2
101+under §§ 10–409 through 10–415 of this subtitle. 3
104102
105- (2) The Department shall review the disclosure statement solely to ensure
106-compliance with § 10–425 of this subtitle.
103+10–424. 4
107104
108- (c) (1) An amended disclosure statement is subject to each requirement of this
109-subtitle.
105+ (a) (1) A provider shall give without cost a disclosure statement for each 5
106+facility for which the provider holds a preliminary, initial, or renewal certificate of 6
107+registration: 7
110108
111- (2) A provider shall file an amended disclosure statement with the
112-Department when it is delivered to a subscriber or prospective subscriber.
109+ (i) to a prospective subscriber before the earlier of payment of any 8
110+part of the entrance fee or execution of a continuing care agreement; and 9
113111
114- (D) A PROVIDER SHALL POST THE MOST RECENT DISC LOSURE STATEMENT
115-ON THE PROVIDER ’S WEBSITE.
112+ (ii) annually to any subscriber who requests a disclosure statement. 10
116113
117-10–426.
114+ (2) A provider shall submit its initial disclosure statement to the 11
115+Department for review at least 45 days before giving the statement to any prospective 12
116+subscriber. 13
118117
119- (a) At least [once a year] QUARTERLY , each provider shall hold a meeting open
120-to all of the provider’s subscribers.
118+ (b) (1) A provider shall revise the disclosure statement annually and file it 14
119+with the Department within 120 days after the end of the provider’s fiscal year. 15
121120
122- (b) At the [meeting] MEETINGS, an authorized officer of the provider shall:
121+ (2) The Department shall review the disclosure statement solely to ensure 16
122+compliance with § 10–425 of this subtitle. 17
123123
124- (1) summarize the provider’s operations, significant changes from the
125-previous year, and goals and objectives for the next year; and
124+ (c) (1) An amended disclosure statement is subject to each requirement of this 18
125+subtitle. 19
126126
127- (2) answer subscribers’ questions.
127+ (2) A provider shall file an amended disclosure statement with the 20
128+Department when it is delivered to a subscriber or prospective subscriber. 21
128129
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.
130+ (D) A PROVIDER SHALL POST THE MOST RECENT DISC LOSURE STATEMENT 22
131+ON THE PROVIDER’S WEBSITE. 23
133132
134-10–427.
133+10–426. 24
135134
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.
135+ (a) At least [once a year] QUARTERLY , each provider shall hold a meeting open 25
136+to all of the provider’s subscribers. 26
138137
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. 257 2024 LAWS OF MARYLAND
138+ (b) At the [meeting] MEETINGS, an authorized officer of the provider shall: 27
143139
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 RESIDENT ASSOCIA TION OF THE FACILITY .
140+ (1) summarize the provider’s operations, significant changes from the 28
141+previous year, and goals and objectives for the next year; and 29
150142
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].
143+ (2) answer subscribers’ questions. 30
144+ 4 SENATE BILL 76
153145
154- (5) (I) A SUBSCRIBER MEMBER OF A GOVERNING BODY MAY
155-REPORT ON NONCONFIDE NTIAL DELIBERATIO NS, ACTIONS, AND POLICIES OF THE
156-GOVERNING BODY TO TH E RESIDENT ASSOCIATI ON.
157146
158- (II) THE GOVERNING BODY IN ITS SOLE BUT REASONA BLE
159-DISCRETION SHALL DET ERMINE WHETHER A MAT TER IS CONFIDENTIAL .
147+ (C) AT THE LAST QUARTERLY MEETING OF THE YEAR , AN AUTHORIZED 1
148+OFFICER OF THE PROVI DER SHALL PROVIDE AN AGGREGATED , DEIDENTIFIED 2
149+SUMMARY OF INTERNAL GRIEVANCES SUBMITTED UNDER § 10–428 OF THIS 3
150+SUBTITLE. 4
160151
161- (5) THE GOVERNING BODY OF EACH OF THE PROVIDER ’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.
152+10–427. 5
166153
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.
154+ (a) (1) If a provider has a governing body, at least [one] TWO of the provider’s 6
155+subscribers shall be [a] full and regular [member] MEMBERS of the governing body. 7
170156
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.
157+ (2) If the provider owns or operates [more than three] MULTIPLE facilities 8
158+in the State, the governing body shall include at least one of the provider’s subscribers [for 9
159+every three facilities] FROM EACH FACILITY in the State. 10
176160
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.
161+ (3) [Subject to paragraph (4) of this subsection, a] A member of the 11
162+governing body who is selected to meet the requirements of this subsection shall be a 12
163+subscriber at a facility in the State and be [selected according to the same general written 13
164+standards and criteria used to select other members of the governing body] ELECTED BY 14
165+THE RESIDENT ASSOCIA TION OF THE FACILITY . 15
180166
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.
167+ (4) [The governing body shall confer with the resident association at each 16
168+of the provider’s facilities before the subscriber officially joins the governing body]. 17
185169
186-10–428.
170+ (5) (I) A SUBSCRIBER MEMBER OF A GOVERNING BODY MAY 18
171+REPORT ON NONCONFIDE NTIAL DELIBERATIONS , ACTIONS, AND POLICIES OF THE 19
172+GOVERNING BODY TO TH E RESIDENT ASSOCIATI ON. 20
187173
188- (a) A provider shall establish an internal grievance procedure to address a
189-subscriber’s grievance. WES MOORE, Governor Ch. 257
174+ (II) THE GOVERNING BODY IN ITS SOLE BUT REASONA BLE 21
175+DISCRETION SHAL L DETERMINE WHETHER A MATTER IS CONFIDEN TIAL. 22
190176
191-– 5 –
177+ (5) THE GOVERNING BODY OF EACH OF THE PROVIDER ’S FACILITIES 23
178+SHALL DIRECT AN OFFI CER OF THE PROVIDER TO MEET AT LEAST QUA RTERLY TO 24
179+REVIEW AND DISCUSS T HE CURRENT FINANCIAL STATEMENTS OF THE PR OVIDER 25
180+WITH THE RESIDENT ASSOCIATION OR A COMMITTEE DESIG NATED BY THE RESIDEN T 26
181+ASSOCIATION. 27
192182
193- (b) The internal grievance procedure shall at least:
183+ (6) The Secretary may waive the requirements of this subsection for a 28
184+provider in the process of decertifying as a provider, if the Secretary determines that there 29
185+are no subscribers willing and able to serve on the governing body. 30
194186
195- (1) allow a subscriber or group of subscribers collectively to submit a
196-written grievance to the provider;
187+ (b) (1) If a provider does not have a governing body, the provider shall appoint 31
188+a select committee of its officers or partners to meet at least [twice a year] QUARTERLY 32
189+with the resident association at each of its facilities to address concerns of the subscribers 33
190+and to ensure that the opinions of subscribers are relayed to all officers or partners of the 34
191+provider. 35 SENATE BILL 76 5
197192
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;
200193
201- (3) require the provider to assign personnel to investigate the grievance;
202194
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
195+ (2) If a facility does not have a resident association, the committee shall 1
196+meet with a reasonable number of representatives, not required to exceed fifteen, that the 2
197+subscribers elect. 3
206198
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.
199+ (c) As determined by the provider’s governing body, the provider shall make 4
200+available to subscribers either the nonconfidential portions of the minutes of each meeting 5
201+of the governing body or a summary of the nonconfidential portions of the minutes, within 6
202+1 month of approval of the minutes. 7
209203
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.
204+10–428. 8
214205
215- (2) If a provider, subscriber, or group of subscribers seeks mediation under
216-paragraph (1) of this subsection, the mediation shall be nonbinding.
206+ (a) A provider shall establish an internal grievance procedure to address a 9
207+subscriber’s grievance. 10
217208
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 TH E PROVIDER ’S FACILITIES,
221-INCLUDING:
209+ (b) The internal grievance procedure shall at least: 11
222210
223- (I) THE NUMBER OF INTERN AL GRIEVANCES FILED ;
211+ (1) allow a subscriber or group of subscribers collectively to submit a 12
212+written grievance to the provider; 13
224213
225- (II) THE SUBJECT MATTER OF EA CH GRIEVANCE FILED
226-AGGREGATED , DEIDENTIFIED SUMMARY OF INTERNAL GRIEVANC ES;
214+ (2) require the provider to send a written acknowledgment to the 14
215+subscriber or group of subscribers within 5 days after receipt of the written grievance; 15
227216
228- (III) WHETHER A GRIEVANCE WENT TO MEDIATION AN D THE
229-OUTCOME OF THE MEDIA TION; AND
217+ (3) require the provider to assign personnel to investigate the grievance; 16
230218
231- (IV) THE FINAL DISPOSITIO N OF EACH FILED GRIE VANCE.
219+ (4) give a subscriber or group of subscribers who file a written grievance 17
220+the right to meet with management of the provider within 30 days after receipt of the 18
221+written grievance to present the grievance; and 19
232222
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. 257 2024 LAWS OF MARYLAND
223+ (5) require the provider to respond in writing within 45 days after receipt 20
224+of the written grievance regarding the investigation and resolution of the grievance. 21
236225
237-– 6 –
238-THE STATE GOVERNMENT ARTICLE, ON THE DATA RECEIVED FROM EACH
239-PROVIDER UNDER PARAG RAPH (1) OF THIS SUBSECTION .
226+ (c) (1) Within 30 days after the conclusion of an internal grievance procedure 22
227+established under this section, a subscriber, group of subscribers, or provider may seek 23
228+mediation through one of the Community Mediation Centers in the State or another 24
229+mediation provider. 25
240230
241-10–449.
231+ (2) If a provider, subscriber, or group of subscribers seeks mediation under 26
232+paragraph (1) of this subsection, the mediation shall be nonbinding. 27
242233
243- (a) A continuing care agreement shall allow a subscriber to terminate the
244-agreement by giving a written termination notice to the provider.
234+ (D) (1) AT LEAST TWICE EACH Y EAR ON AN ANNUAL BASIS , THE 28
235+DEPARTMENT SHALL COLL ECT FROM EACH PROVIDER I NFORMATION ABOUT 29
236+INTERNAL GRIEVANCES FILED FOR EACH OF TH E PROVIDER ’S FACILITIES, 30
237+INCLUDING: 31
245238
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:
239+ (I) THE NUMBER OF INTERN AL GRIEVANCES FILED ; 32
240+ 6 SENATE BILL 76
249241
250- (1) the recontracting of the subscriber’s unit by:
251242
252- (i) another subscriber for whom an entrance fee has been paid; or
243+ (II) THE SUBJECT MATTER OF EA CH GRIEVANCE FILED 1
244+AGGREGATED , DEIDENTIFIED SUMMARY OF INTERNAL GRIEVANCES ; 2
253245
254- (ii) another party who is not a subscriber; or
246+ (III) WHETHER A GRIEVANCE WENT TO MEDIATION AN D THE 3
247+OUTCOME OF THE MEDIA TION; AND 4
255248
256- (2) the later to occur of:
249+ (IV) THE FINAL DISPOSITIO N OF EACH FILED GRIE VANCE. 5
257250
258- (i) the 90th day after the date the written termination notice is
259-given or the date of death; or
251+ (2) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT 6
252+SHALL REPORT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH 7
253+AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF 8
254+THE STATE GOVERNMENT ARTICLE, ON THE DATA RECEIVED FROM EACH 9
255+PROVIDER UNDER PARAG RAPH (1) OF THIS SUBSECTION . 10
260256
261- (ii) the day the independent living units at the facility have operated
262-at 95% of capacity for the previous 6 months.
257+10–449. 11
263258
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:
259+ (a) A continuing care agreement shall allow a subscriber to terminate the 12
260+agreement by giving a written termination notice to the provider. 13
269261
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
262+ [(b) If a continuing care agreement is terminated by the subscriber’s election or 14
263+death within the first 90 days of occupancy, the provider shall pay any contractual entrance 15
264+fee refund within 30 days after the earlier to occur of: 16
272265
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.]
266+ (1) the recontracting of the subscriber’s unit by: 17
276267
277- (B) (1) IF A CONTINUING CARE AGREEMENT IS TERMINA TED:
268+ (i) another subscriber for whom an entrance fee has been paid; or 18
278269
279- (I) BY WRITTEN NOTICE GI VEN BY A SUBSCRIBER , THE
280-TERMINATION DATE OF THE CONTINUI NG CARE AGREEMENT SH ALL BE ON 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. 257
270+ (ii) another party who is not a subscriber; or 19
283271
284-– 7 –
272+ (2) the later to occur of: 20
285273
286- (II) ON THE SUBSCRIBER ’S DEATH, THE TERMINATION OF T HE
287-CONTINUING CARE AGRE EMENT SHALL BE EFFECTIVE ON THE DATE OF THE
288-SUBSCRIBER’S DEATH.
274+ (i) the 90th day after the date the written termination notice is 21
275+given or the date of death; or 22
289276
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 .
277+ (ii) the day the independent living units at the facility have operated 23
278+at 95% of capacity for the previous 6 months. 24
293279
294- (C) (1) IF A CONTINUING CARE AGREEMENT PROVIDES FOR A
295-REFUNDABLE ENTRANCE FEE CONDITIONED ON T HE REOCCUPANCY OR
296-RECONTRACTING OF THE SUBSCRIBER’S UNIT, THE PROVIDER SHALL A SSIGN THE
297-UNIT A SEQUENTIAL RE FUND NUMBER TO DETER MINE THE ORDER OF RE FUNDABLE
298-ENTRANCE FEES TO BE PAID.
280+ (c) If a continuing care agreement is terminated by the subscriber’s election or 25
281+death after the first 90 days of occupancy, the provider shall pay any contractual entrance 26
282+fee refund within 60 days after the subscriber’s death or the effective date of termination, 27
283+if on the date of death or at any time between the date the written termination notice is 28
284+given and the effective date of termination: 29
299285
300- (2) WHEN A SEQU ENTIAL REFUND NUMBER IS ASSIGNED UNDER
301-PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL R ECORD:
286+ (1) the subscriber resides in a unit at a higher level of care than the level 30
287+of care in which the subscriber resided on initially entering the facility; and 31
288+ SENATE BILL 76 7
302289
303- (I) THE DATE WHEN THE NU MBER WAS ASSIGNED ; AND
304290
305- (II) THE NUMBER OF VACATE D AND AVAILABLE UNIT S AT THE
306-FACILITY ON THE DATE THE NUMBER WAS ASSIG NED.
291+ (2) the last unit in which the subscriber resided at the initial level of care 1
292+on entering the facility has been occupied by or reserved for another subscriber who has 2
293+paid an entrance fee.] 3
307294
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 :
295+ (B) (1) IF A CONTINUING CARE AG REEMENT IS TERMINATE D: 4
314296
315- (I) UNPAID FEES OR CHARG ES INCURRED BY THE S UBSCRIBER,
316-INCLUDING MONTHLY SE RVICES FEES; AND
297+ (I) BY WRITTEN NOTICE GI VEN BY A SUBSCRIBER , THE 5
298+TERMINATION DATE OF THE CONTINUING CARE AGREEMENT SHALL BE O N THE DATE 6
299+ON WHICH THE SUBSCRI BER VACATED THE UNIT AND REMOVED ALL PERS ONAL 7
300+PROPERTY OF THE SUBS CRIBER FROM THE UNIT ; OR 8
317301
318- (II) CHARITABLE ASSISTANC E PROVIDED BY THE PR OVIDER TO
319-THE SUBSCRIBER .
302+ (II) ON THE SUBSCRIBER ’S DEATH, THE TERMINATION OF T HE 9
303+CONTINUING CARE AGRE EMENT SHALL BE EFFEC TIVE ON THE DATE OF THE 10
304+SUBSCRIBER’S DEATH. 11
320305
321- (2) AFTER A CONTINUING CA RE AGREEMENT TERMINA TES, THE
322-BALANCE ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION S HALL 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.
306+ (2) WHEN A CONTINUING CAR E AGREEMENT IS TERMI NATED BY THE 12
307+SUBSCRIBER’S ELECTION OR DEATH , THE PROVIDER SHALL P AY ANY CONTRACTUAL 13
308+ENTRANCE FEE REFUND . 14
325309
326- (E) NOTWITHSTANDING OTHER PROVISIONS OF LAW , A PROVIDER SHALL
327-PAY THE BALANCE OF A NY CONTRACTUAL ENTRA NCE FEE REFUND WITHI N 60 DAYS
328-OF THE TERMINATION D ATE IF ON THE TERMIN ATION DATE A SUBSCRI BER RESIDED Ch. 257 2024 LAWS OF MARYLAND
310+ (C) (1) IF A CONTINUING CARE AGREEMENT PROVIDES F OR A 15
311+REFUNDABLE ENTRANCE FEE CONDITIONED ON T HE REOCCUPANCY OR 16
312+RECONTRACTING OF THE SUBSCRIBER’S UNIT, THE PROVIDER SHALL A SSIGN THE 17
313+UNIT A SEQUENTIAL REFUND NU MBER TO DETERMINE TH E ORDER OF REFUNDABL E 18
314+ENTRANCE FEES TO BE PAID. 19
329315
330-– 8 –
331-IN A UNIT AT A HIGHE R LEVEL OF CARE THA N THE LEVEL OF CARE IN WHICH THE
332-SUBSCRIBER RESIDED W HEN THE SUBSCRIBER I NITIALLY RESIDED AT THE
333-FACILITY.
316+ (2) WHEN A SEQUENTIAL REF UND NUMBER IS ASSIGN ED UNDER 20
317+PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL R ECORD: 21
334318
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.
319+ (I) THE DATE WHEN THE NU MBER WAS ASSIGNED ; AND 22
338320
339- (G) (E) EVERY 6 MONTHS, A PROVIDER SHALL SUB MIT TO THE
340-DEPARTMENT A REPORT THAT INCLUDES , FOR THE PRIOR 6 MONTHS:
321+ (II) THE NUMBER OF VACATE D AND AVAILABLE UNIT S AT THE 23
322+FACILITY ON THE DATE THE NUMBER WAS ASSIG NED. 24
341323
342- (1) THE NUMBER OF SATISF IED ENTRANCE FEE REFUNDS;
324+ (D) (1) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , 25
325+BEGINNING 60 DAYS AFTER THE EFFEC TIVE DATE OF TERMINA TION OF A 26
326+CONTINUING CARE AGRE EMENT, THE SUBSCRIBER OR TH E SUBSCRIBER ’S ESTATE 27
327+SHALL HAVE THE RIGHT TO RECEIVE A REFUND IN THE AMOUNT EQUAL TO ANY 28
328+ENTRANCE FEE PROVIDE D IN THE CONTINUING CARE AGREEMENT LESS THE 29
329+AMOUNT OF ANY : 30
343330
344- (2) THE DOLLAR AMOUNT OF EACH SATISFIED ENTRA NCE FEE
345-REFUND;
331+ (I) UNPAID FEES OR CHARG ES INCURRED BY THE S UBSCRIBER, 31
332+INCLUDING MONTHLY SE RVICES FEES; AND 32
333+ 8 SENATE BILL 76
346334
347- (3) THE OUTSTANDING SEQU ENTIAL LIST OF ENTRA NCE FEE
348-REFUNDS, INCLUDING DOLLAR AMO UNTS DUE;
349335
350- (4) THE CURRENT PERCENTA GE OF UNITS AT A FAC ILITY THAT ARE
351-OCCUPIED; AND
336+ (II) CHARITABLE ASSISTANC E PROVIDED BY THE PR OVIDER TO 1
337+THE SUBSCRIBER . 2
352338
353- (5) THE AVERAGE LENGTH OF TIME THE PROVIDER TAKES T O
354-CONTRACT OR RECONTRA CT UNITS
339+ (2) AFTER A CONTINUING CA RE AGREEMENT TERMINA TES, THE 3
340+BALANCE ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE 4
341+PAYABLE TO THE SUBS CRIBER OR SUBSCRIBER ’S ESTATE IN THE ORDE R OF THE 5
342+SEQUENTIAL REFUND NU MBER ASSIGNED UNDER SUBSECTION (C) OF THIS SECTION. 6
355343
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 STATIN G:
344+ (E) NOTWITHSTANDING OTHER PROVISIONS OF LAW , A PROVIDER SHALL 7
345+PAY THE BALANCE OF A NY CONTRACTUAL ENTRA NCE FEE REFUND WITHI N 60 DAYS 8
346+OF THE TERMINATION D ATE IF ON THE TERMIN ATION DATE A SUBSCRI BER RESIDED 9
347+IN A UNIT AT A HIGHE R LEVEL OF CARE THAN THE LEVEL OF CARE IN WHICH THE 10
348+SUBSCRIBER RESIDED W HEN THE SUBSCRIBER I NITIALLY RESIDED AT THE 11
349+FACILITY. 12
361350
362- (I) THAT THE UNIT HAS NO T BEEN REOCCUPIED ; AND
351+ [(d)] (F) This section does not prohibit a provider from requiring that a 13
352+subscriber’s unit be vacated before any contractual entrance fee refund is paid as a result 14
353+of the subscriber’s election to terminate a continuing care agreement. 15
363354
364- (II) THE EFFORTS THE PROV IDER HAS MADE TO REO CCUPY THE
365-UNIT.
355+ (G) (E) EVERY 6 MONTHS, A PROVIDER SHALL SUB MIT TO THE 16
356+DEPARTMENT A REPORT THAT INCLUDES , FOR THE PRIOR 6 MONTHS: 17
366357
367- (2) AFTER THE PROVIDER SUBMITT ED THE REPORT REQUIR ED
368-UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL S UBMIT AN
369-UPDATED WRITTEN REPO RT TO THE SUBSCRIBER OR THE SUBSCRIBER ’S
370-BENEFICIARY EVERY 6 MONTHS UNTIL THE SUB SCRIBER’S UNIT HAS BEEN
371-REOCCUPIED .
372- WES MOORE, Governor Ch. 257
358+ (1) THE NUMBER OF SATISF IED ENTRANCE FEE REF UNDS; 18
373359
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.
360+ (2) THE DOLLAR AMOUNT OF EACH SATISFIED ENTRA NCE FEE 19
361+REFUND; 20
378362
379- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
380-October 1, 2024.
363+ (3) THE OUTSTANDING SEQU ENTIAL LIST OF ENTRA NCE FEE 21
364+REFUNDS, INCLUDING DO LLAR AMOUNTS DUE ; 22
381365
382-Approved by the Governor, April 25, 2024.
366+ (4) THE CURRENT PERCENTA GE OF UNITS AT A FAC ILITY THAT ARE 23
367+OCCUPIED; AND 24
368+
369+ (5) THE AVERAGE LENGTH O F TIME THE PROVIDER TAKES TO 25
370+CONTRACT OR RECONTRA CT UNITS 26
371+
372+ (1) IF AN ENTRANCE FEE RE FUND IS CONDITIONED ON THE 27
373+REOCCUPYING OF A SUBSCRIBER’S UNIT AND THE UNIT HAS NOT BEEN REOCCUP IED 28
374+WITHIN 9 MONTHS OF THE SUBSCR IBER’S DEATH OR THE DATE OF THE CONTRACT 29
375+TERMINATION , A PROVIDER SHALL SUB MIT A WRITTEN REPORT TO THE SUBSCRIBER 30
376+OR THE SUBSCRIBER ’S BENEFICIARY STATIN G: 31
377+
378+ (I) THAT THE UNIT HAS NOT BEEN REO CCUPIED; AND 32
379+ SENATE BILL 76 9
380+
381+
382+ (II) THE EFFORTS THE PROV IDER HAS MADE TO REO CCUPY THE 1
383+UNIT. 2
384+
385+ (2) AFTER THE PROVIDER SU BMITTED THE REPORT R EQUIRED 3
386+UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE PROVIDER SHALL S UBMIT AN 4
387+UPDATED WRITTEN REPO RT TO THE SUB SCRIBER OR THE SUBSC RIBER’S 5
388+BENEFICIARY EVERY 6 MONTHS UNTIL THE SUB SCRIBER’S UNIT HAS BEEN 6
389+REOCCUPIED . 7
390+
391+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8
392+apply only prospectively and may not be applied or interpreted to have any effect on or 9
393+application to any cause of action arising before the effective date of this Act. 10
394+
395+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
396+October 1, 2024. 12
397+
398+
399+
400+
401+Approved:
402+________________________________________________________________________________
403+ Governor.
404+________________________________________________________________________________
405+ President of the Senate.
406+________________________________________________________________________________
407+ Speaker of the House of Delegates.