Section 10-402 - Application of subtitle and other laws [Amendment subject to abrogation]. - Maryland Statutes

§ 10-402. Application of subtitle and other laws [Amendment subject to abrogation].
 

(a)  Application of subtitle.-  

(1) A continuing care at home provider is subject to each provision of this subtitle except Part II and §§ 10-446 and 10-448. 

(2) A continuing care in a retirement community provider is subject to each provision of this subtitle except Part VI. 

(b)  Application of other laws.-  

(1) A continuing care operation that is subject to the provisions of this subtitle is not subject to: 

(i) the Maryland Health Maintenance Organization Act under Title 19, Subtitle 7 of the Health - General Article; 

(ii) except for § 15-603 of the Insurance Article, the Insurance Article; 

(iii) Title 8 of the Real Property Article; 

(iv) any county or municipal landlord-tenant law; or 

(v) § 19-310.1 of the Health - General Article. 

(2) If a provider contractually utilizes the services of a licensed home health agency or residential service agency and is not itself directly providing the type of services provided by a home health agency or residential service agency, the provider is not subject to Title 19, Subtitles 4 and 4A of the Health - General Article. 

(3) Except as provided in paragraphs (1) and (2) of this subsection, a continuing care at home provider is subject to all other applicable licensing or certification requirements of State law. 

(c)  Subtitle not applicable to insurance agreements.- This subtitle does not apply to an agreement that is regulated as insurance under the Insurance Article. 

(d)  Assisted living program services.- A provider that offers assisted living program services as part of a continuum of care in accordance with a continuing care agreement may: 

(1) execute a separate assisted living resident agreement and a separate assisted living disclosure statement; or 

(2) meet the requirements of §§ 10-425(c) and 10-444(e) of this subtitle. 

(e)  Limitation on liability.- The liability of a provider to the Department of Health and Mental Hygiene under § 15-603 of the Insurance Article shall be limited to the amount of the refund that would be due to the subscriber if the subscriber were dismissed under § 10-448 of this subtitle at the time of enrollment in services provided by or paid wholly or partly by the Department of Health and Mental Hygiene. 
 

[An. Code 1957, art. 70B, §§ 7(ee), 22A(o), (p), 23; 2007, ch. 3, § 2; ch. 503.]