Maryland § 10-435
Full text of Maryland Maryland Code § 10-435, with citation guidance and answers to common questions.
§ 10-435.
(a) (1) After reviewing the information required by §§ 10-433 and 10-434 of this subtitle, the Department shall determine whether the sale or transfer satisfies the standard for approval set forth in subsection (b) of this section.
(2) The Department shall make the determination within 50 days after the date of the notice required under § 10-433(a)(2) of this subtitle unless extended by the Department for good cause.
(3) The Department shall notify the existing provider, any proposed new provider, and the subscriber representatives in writing of the determination and the reasons for it and, if applicable, that the Department intends to transfer the certificate of registration to the new provider.
(b) The Department shall approve a sale or other transfer of ownership or control unless the Department determines that the sale or transfer is likely to have an unreasonably adverse effect on:
(1) the financial stability of the provider; or
(2) the capacity of the provider to perform continuing care agreement obligations to subscribers.
(c) (1) In accordance with Title 10, Subtitle 2 of the State Government Article, the provider may appeal the Department’s decision on the proposed sale or transfer.
(2) A person other than the provider may not appeal the Department’s decision or be a party in interest to the proceedings.
(3) The Department shall give prompt notice of any appeal and of any decision issued in the appeal to the subscriber representatives.
(d) A sale or other transfer of ownership or control subject to this section and §§ 10-432 through 10-434 of this subtitle may not be completed until 15 days after the later of:
(1) the day the Department issues the notice required under subsection (a)(3) of this section of its decision to approve the sale or transfer; or
(2) if an appeal is taken under subsection (c) of this section, the day the administrative law judge issues a decision to allow the sale or transfer.
Frequently Asked Questions About Maryland § 10-435
What does Maryland Code § 10-435 cover?
Section 10-435 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 10-435?
A common citation format is "Maryland Code § 10-435" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 10-435 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.