Md. Code Regs. 32.02.02.25

Current through Register Vol. 51, No. 12, June 14, 2024

Section 32.02.02.25 - Termination of the Agreement after Services Commence

A. Termination by a Subscriber. If a subscriber elects to terminate the agreement after the provider begins to provide continuing care at home services, any refund of the entrance fee is governed by the terms of the agreement.

B. Termination, Dismissal, or Discharge by the Provider.

(1) An agreement may not permit termination of the agreement or dismissal or discharge of a subscriber from the continuing care at home program, including by involuntary transfer to a health care or mental health facility, before expiration of the agreement for any reason, unless the:

(a) Dismissal or discharge is for just cause; and

(b) Subscriber is given advance notice of at least 60 days.

(2) Just cause can exist only when there is:

(a) Nonpayment;

(b) Material breach of:

(i) The agreement, or

(ii) Written reasonable rules of the provider that contractually bind the subscriber; or

(c) Health status or behavior that constitutes a substantial threat to the health or safety of the subscriber, other subscribers, or employees or contractors of the provider.

(3) A notice of termination, dismissal, or discharge shall include at least the following:

(a) A statement of the intent to terminate, dismiss, or discharge;

(b) A statement of each reason for terminating, dismissing, or discharging, which shall include at least one of the reasons stated in §B(2) of this regulation;

(c) The facts that serve as the basis for the provider's decision to terminate, dismiss, or discharge; and

(d) The effective date of termination, dismissal, or discharge, which shall be at least 60 days from the date the subscriber receives the notice.

(4) An agreement may recognize that a subscriber may have to be moved without the subscriber's consent in the event of an emergency. A move or transfer of a subscriber because of an emergency may not, in and of itself, establish just cause for a termination, dismissal, or discharge.

C. Permissible Termination, Dismissal, or Discharge. In the event of a termination, discharge, or dismissal of a subscriber who lived with or signed an agreement with another subscriber, who was not terminated, then the subscriber not terminated has the option to:

(1) Remain as a subscriber under his or her agreement; or

(2) Terminate his or her agreement.

Md. Code Regs. 32.02.02.25