Section 10-491 – Disposition of Claims
(a) (1) Subject to paragraph (2) of this subsection, contingent and unliquidated claims may not share in a distribution of the assets of a provider that has been adjudicated to be an impaired provider by an order issued under this subtitle. (2) If properly presented, a contingent and unliquidated claim shall be considered and may be allowed to […]
Section 10-492 – Offsets
(a) Except as provided in subsection (b) of this section, in all cases of mutual debts and credits between a provider and another person in connection with a delinquency proceeding, the debts and credits shall be offset and the balance only shall be allowed or paid. (b) An offset may not be allowed in favor of another […]
Section 10-477 – Jurisdiction and Venue
(a) The Circuit Court of Baltimore City: (1) has exclusive original jurisdiction over delinquency proceedings; and (2) may issue all necessary and proper orders to carry out this subtitle. (b) If service is made in accordance with the Maryland Rules or other applicable law, a court with subject matter jurisdiction over an action brought under this subtitle also has […]
Section 10-493 – Bankruptcy or Receivership
If a provider is the subject of a bankruptcy or receivership action, the claims of subscribers shall be administered in accordance with § 10-490(c) of this subtitle for the purpose of any legal action in conjunction with the bankruptcy or receivership.
Section 10-478 – Commencement of Delinquency Proceedings
(a) The Secretary shall commence a delinquency proceeding against a provider by applying to the court for an order that directs the provider to show cause why the court should not grant the relief requested. (b) (1) The court may consider an application for commencement of a delinquency proceeding only if the application is filed by the Secretary […]
Section 10-496 – Prohibited Acts; Penalties
(a) A person may not maintain or operate a facility offering continuing care without having obtained an initial or renewal certificate of registration. (b) A person may not disseminate prohibited advertising or promotional materials. (c) A person may not provide false registration information to the Department. (d) (1) A person who violates any provision of this subtitle is guilty of […]
Section 10-479 – Grounds for Conservation, Rehabilitation, or Liquidation of Providers
(a) The Secretary may apply to the court for an order that directs the Secretary to conserve or rehabilitate a provider, if the provider: (1) is a provider for which the Department has made a determination of significant risk of financial failure under Part VII of this subtitle; (2) has refused to submit to the Secretary or a […]
Section 10-497 – Civil Money Penalties
(a) The Secretary may impose a civil money penalty against a provider for an action or inaction that violates this subtitle or any regulation adopted by the Department under this subtitle. (b) (1) Before imposing a civil money penalty under subsection (a) of this section, the Department shall issue a notice of violation to the provider. (2) The notice […]
Section 10-480 – Orders to Rehabilitate, Liquidate, or Conserve Providers
(a) (1) An order to rehabilitate a provider shall: (i) appoint the Secretary as rehabilitator; (ii) direct the Secretary: 1. to take possession of the property of the provider and conduct the business of the provider under the general supervision of the court; and 2. to take action the court directs to remove the causes and conditions that have made rehabilitation […]
Section 10-498 – Actions for Equitable Relief or Damages
(a) (1) Any subscriber injured by a violation of this subtitle may bring an action for equitable relief or an action for damages in any court of general jurisdiction. (2) In an action described in paragraph (1) of this subsection, the court may award reasonable attorney’s fees to a subscriber in whose favor a judgment is entered. (b) The […]