(a)      In this section:

            (1)      "Continuing care at home" means providing either directly or by contractual arrangement medical, nursing, or other health related services to an individual 60 years of age or older who is not related by blood or marriage to the provider for the life of the individual or for a period in excess of 1 year under a written agreement that requires a transfer of assets or an entrance fee notwithstanding periodic charges; and

            (2)      "Continuing care at home" shall include assistance with the physical maintenance of the dwelling of an individual.

      (b)      (1)      The Department shall adopt regulations that set standards for providers that enter into continuing care at home agreements.

            (2)      The regulations shall provide for the certification of continuing care at home providers and the annual renewal of certificates of registration.

      (c)      In addition to the provisions of subsection (b) of this section, the regulations adopted by the Department shall, at a minimum:

            (1)      Provide for and encourage the establishment of continuing care at home projects;

            (2)      Subject to the provisions of subsection (p) of this section, set minimum requirements for individuals employed by or under contract with continuing care at home providers who will be going into homes to provide continuing care at home services;

            (3)      Require a criminal history records check for individuals employed by or under contract with a continuing care at home provider who will be going into homes to provide continuing care at home services and who will have routine, direct access to subscribers;

            (4)      Require continuing care at home providers to screen and verify the character references of individuals employed by or under contract with the provider who will be going into homes to provide continuing care at home services;

            (5)      Establish standards for the renewal of certificates of registration;

            (6)      Establish standards for entrance fees, deposits, and the number of executed agreements necessary to begin operations;

            (7)      Establish requirements for when deposits and entrance fees may be released from escrow accounts;

            (8)      Establish standards setting forth when and how a subscriber or provider may rescind a continuing care at home agreement prior to a provider beginning to provide continuing care at home services to that subscriber;

            (9)      Provide for a subscriber to rescind a continuing care at home agreement at any time if the terms of the agreement are in violation of the terms of this subtitle; and

            (10)      Establish that a provider can only terminate an agreement or discharge a subscriber for just cause and provide how such a termination or discharge would be carried out.

      (d)      Any provider intending to develop a continuing care at home project and provide continuing care at home services shall file with the Department a statement of intent at least 30 days prior to submission of the feasibility study required to be filed under subsection (e) of this section.

      (e)      (1)      A provider may not collect deposits to provide continuing care at home services without the approval of a feasibility study by the Department.

            (2)      The feasibility study shall be filed in a form satisfactory to the Department and shall include, at a minimum, the following information:

                  (i)      A statement of the purpose of the project and the need for the proposed services;

                  (ii)      Documentation of the financial resources of the provider;

                  (iii)      A plan demonstrating the financial feasibility of the proposed project, including future funding sources;

                  (iv)      An actuarial forecast that has been reviewed by a qualified actuary;

                  (v)      A study demonstrating the proposed market for the project;

                  (vi)      The form and substance of any advertising campaign or proposed advertisement for the project that is available at the time of filing;

                  (vii)      A detailed statement of the covered services; and

                  (viii)      Any other information that the Department may require.

      (f)      The Department shall approve a feasibility study filed under subsection (e) of this section whenever it determines that:

            (1)      The proposed use of new or existing health facilities is not inconsistent with the State health plan;

            (2)      A reasonable financial plan has been developed for the provision of continuing care at home services, including the number of agreements to be executed prior to beginning operations and the criteria for the release of funds from escrow;

            (3)      A market for the continuing care at home project appears to exist;

            (4)      The feasibility study has been prepared by a recognized authority;

            (5)      The advertising information required to be submitted has been filed by the provider and approved by the Department as not being deceptive, misleading, or likely to mislead;

            (6)      The actuarial forecast supports the market for the project;

            (7)      The approved escrow agreement and deposit agreement state when deposits and entrance fees will be released from escrow and a copy of the escrow agreement executed by the provider and the financial institution has been filed with the Department; and

            (8)      Any other information requested by the Department has been submitted and approved.

      (g)      (1)      On approval of the feasibility study by the Department, the provider may collect deposits from prospective subscribers provided the provider maintains the funds collected in an escrow account.

            (2)      The deposits collected under paragraph (1) of this subsection shall be held in escrow until at least the time the provider has been issued a certificate of registration or any other later time that may be provided by the Department by regulation.

      (h)      (1)      A provider may not enter into an agreement to provide continuing care at home services until the Department issues the provider a preliminary certificate of registration.

            (2)      An application for a preliminary certificate of registration shall be filed in a form satisfactory to the Department and shall contain, at a minimum, the following information:

                  (i)      A copy of the agreement that is to be entered into between the provider and the subscriber for the provision of continuing care at home services that includes the following statement set forth in print no smaller than the largest type used in the body of the agreement:

      "A certificate of registration is not an endorsement or guarantee of this continuing care at home provider by the State of Maryland. The Maryland Department of Aging urges you to consult an attorney and a suitable financial advisor before signing any documents.";

                  (ii)      The form and substance of any advertising campaign or proposed advertisement for the provider that is available at the time of filing for the preliminary certificate of registration that has not been filed previously with the Department; and

                  (iii)      Any other information that the Department may require.

      (i)      The Department shall issue a preliminary certificate of registration to a provider whenever it determines that:

            (1)      The agreement to be entered into between the provider and the subscriber is satisfactory;

            (2)      The advertising information required to be submitted has been filed by the provider and approved by the Department as not being deceptive, misleading, or likely to mislead;

            (3)      The information and documents submitted with the feasibility study under subsection (e) of this section remain current and accurate or have been updated to make them accurate; and

            (4)      Any other information that the Department requests for submission.

      (j)      (1)      A provider may not begin to provide continuing care at home services until the provider has obtained a certificate of registration from the Department.

            (2)      An application for a certificate of registration shall be filed in a form satisfactory to the Department and shall contain, at a minimum, the following information:

                  (i)      Verification that the requisite number of agreements have been executed and the corresponding deposits collected;

                  (ii)      The form and substance of the advertising campaign or proposed advertisement for the provider that is available at the time of filing for the certificate of registration that has not been filed previously with the Department;

                  (iii)      The issuance to the provider of any other licenses or certificates required by other appropriate State agencies; and

                  (iv)      Any other information that the Department may require.

      (k)      The Department shall issue a certificate of registration to a provider whenever the Department determines that:

            (1)      The information and documents submitted with the feasibility study and application for a preliminary certificate of registration remain current and accurate or have been updated to make them accurate;

            (2)      The requisite number of agreements have been executed and the corresponding deposits collected;

            (3)      The provider has been issued any other licenses or certificates required by other appropriate State agencies;

            (4)      The advertising information required to be submitted has been filed by the provider and approved by the Department as not being deceptive, misleading, or likely to mislead; and

            (5)      Any other information that was required by the Department has been submitted.

      (l)      If the provider intends to advertise prior to being issued a certificate of registration under subsection (k) of this section, the provider shall submit the advertisement or advertising campaign to the Department prior to advertising.

      (m)      If a certificate of registration is not issued to a provider within 24 months of the approval by the Department of a feasibility study, or any longer time that may be allowed by the Department for good cause shown, the provider shall refund all deposits collected and cease its attempts to offer continuing care at home services pursuant to that application.

      (n)      (1)      Each year, within 120 days after the end of its fiscal year, a provider shall file an application with the Department for renewal of a certificate of registration in a form satisfactory to the Department.

            (2)      The application shall contain any reasonable and pertinent information that the Department may require.

            (3)      The Department shall issue a renewal of a certificate of registration whenever it determines that:

                  (i)      All documents required to be filed have been filed and found by the Department to be satisfactory;

                  (ii)      Any revised agreements for continuing care at home services meet the requirements of the Department;

                  (iii)      The proposed use of new or existing health facilities is not inconsistent with the State health plan; and

                  (iv)      The advertising information required to be submitted has been filed by the provider and approved by the Department as not being deceptive, misleading, or likely to mislead.

      (o)      Except for §§ 10, 11, 14, and 15 of this subtitle, continuing care at home providers are subject to the provisions of §§ 7 through 23 of this subtitle.

      (p)      Continuing care at home providers shall be subject to all other applicable licensing or certification requirements of Maryland law, except as provided in § 23 of this subtitle.