(a) A provider shall comply with the applicable provisions of §§ 10-409 through 10-415 of this subtitle before the provider may: (1) offer continuing care in a retirement community; (2) enter into or renew continuing care agreements; (3) begin construction of a new facility; (4) begin construction of an expansion to or renovation of an existing facility; or (5) collect deposits for continuing care in this State. (b) (1) A new capital addition to a facility that will result in the construction of a number of independent and assisted living units that is greater than 25% of the number of existing units is considered new development and is subject to §§ 10-409 through 10-411 of this subtitle. (2) A new capital addition to a facility that does not involve the construction of independent or assisted living units and that does not meet the standard of § 10-401(l)(1)(ii) of this subtitle is not subject to review by the Department under §§ 10-409 through 10-415 of this subtitle. (3) A capital improvement or replacement that does not meet the standard of § 10-401(w) of this subtitle is not subject to review by the Department under §§ 10-409 through 10-415 of this subtitle. (c) A provider that has more than one facility offering continuing care shall make a separate application for each facility for preliminary, initial, and renewal certificates of registration.
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