(a)      (1)      If a subscriber's continuing care agreement is an extensive or modified agreement that promises a provider will provide assisted living services, and if the provider does not have an assisted living bed available at the facility when the subscriber needs the promised care, the provider shall provide the assisted living services the subscriber needs in accordance with paragraph (2) of this subsection.

            (2)      The provider shall provide assisted living services required under paragraph (1) of this subsection to a subscriber:

                  (i)      At the same rate the subscriber would have to pay if an assisted living bed were available; and

                  (ii)      At the provider's option:

                        1.      In the subscriber's independent living unit; or

                        2.      In a nearby licensed assisted living facility.

      (b)      (1)      If a subscriber's continuing care agreement is an extensive or modified agreement that promises the provider will provide the subscriber with comprehensive care services if the subscriber needs them, and if the provider does not have a comprehensive care bed available when the subscriber needs the promised care, the provider shall provide the comprehensive care services needed in accordance with paragraph (2) of this subsection.

            (2)      A provider shall provide the services required by paragraph (1) of this subsection:

                  (i)      At the same rates a subscriber would have paid if a comprehensive bed were available; and

                  (ii)      At the provider's option:

                        1.      In the subscriber's independent or assisted living unit; or

                        2.      In a nearby licensed comprehensive care facility.