Md. Code Regs. 10.07.14.08 - Changes in a Program that Affect the Operating License
A. Increase in Capacity or Name Change.
(1) During the license period, a licensee may
not increase capacity, change its name, or change the name under which the
program is doing business, without the Department 's approval. When there is a
change of program ownership or a change of location, the licensee shall submit
a new application and written request for a new license and an application fee,
as established in Regulation .07A(3) of this chapter to the
Department .
(2) Sale, Transfer , or
Lease of a Facility .
(a) If a sale, transfer ,
or lease of a facility causes a change in the person or persons who control or
operate the assisted living program , the assisted living program shall be
considered a new program and the licensee shall apply for a new license and
conform to all regulations applicable at the time of transfer of
operations.
(b) The transfer of any
stock which results in a change of the person or persons who control the
program or the transfer of any stock in excess of 25 percent of the outstanding
stock, constitutes a sale.
(c) For
the purposes of Life Safety Code enforcement the program is considered an
existing facility if it has been in continuous use as an assisted living
program .
(3) The
Department shall issue a new license on approval of:
(a) A change in licensure capacity;
(b) A change in the name of the
licensee ;
(c) A change in the name
under which the program is doing business; or
(d) A change in the level of care
provided.
(4) The
licensee shall return its original license to the Department by certified
mail.
B. Voluntary
Closure or Change of Assisted Living Program Ownership or Location.
(1) A licensee shall notify the Department in
writing at least 45 days in advance of any intention to:
(a) Voluntarily close;
(b) Change ownership;
(c) Change location; or
(d) Sell its assisted living
program .
(2) The
licensee shall include the following information in the notice to the
Department :
(a) The method for informing
residents and resident representatives of its intent to close, change
ownership, change location, or sell its assisted living program ; and
(b) The actions the licensee will take to
assist residents in securing comparable housing and assistance, if
necessary.
(3) A
licensee shall notify residents and resident representatives of any proposed
changes set forth in §B(1) of this regulation, in writing, at least 45
days before the effective date of the proposed change.
(4) Whenever ownership of an assisted living
program is transferred from the person or organization named on the license to
another person or organization, the future owner shall apply for a new license .
The future owner shall file an application for a license at least 45 days
before the final transfer .
(5) The
Department shall issue a new license to a new owner if the new owner meets the
requirements for licensure under this chapter. The current licensee shall
return its license to the Department by certified mail.
(6) A licensee named in the original license
shall remain responsible for the operation of the assisted living program until
a new license is issued to the new owner and the current licensee shall remain
responsible for correction of all outstanding deficiencies or impending
sanctions until a new license is issued to the new owner.
(7) If a licensee intends to relocate its
program, the licensee shall apply for a new license in time to assure
continuity of services to the residents. The Secretary shall issue a new
license for the new location if the program meets the requirements for
licensure under this chapter. The licensee shall return its original license to
the Department by certified mail.
(8) In addition to the notice to the
Department required by §B of this regulation, after a program closes, the
licensee shall:
(a) Notify the Department of
the date of closure and the place of relocation of each resident ; and
(b) Return all licenses, past and present, to
the Department by certified mail.
C. Changes to Licensure Information.
(1) A licensee shall immediately notify the
Department of any change in the information the licensee had submitted with the
most recent application.
(2) A
licensee shall forward to the Department a copy of any report or citation of a
violation of any applicable building codes, sanitary codes, fire safety codes,
or other regulations affecting the health, safety, or welfare of residents
within 7 days of receipt of the report or citation.
D. License -Sale, Assignment, or Other
Transfer .
(1) A license is valid only in the
name of the licensee to whom it is issued, and is not subject to sale,
assignment, or other transfer .
(2)
A license is valid only for the premises for which it was originally
issued.
Notes
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