(a) A provider may collect deposits from prospective subscribers if: (1) the Department has approved the provider's feasibility study; and (2) funds collected are maintained in an escrow account. (b) Each deposit agreement shall comply with the requirements of subsection (c) or (d) of this section. (c) If a deposit agreement is used for a deposit on a unit for which the provider has not received written approval to withdraw deposits, the deposit agreement shall: (1) state that all deposits and entrance fees will be held in escrow until: (i) an initial certificate of registration for the unit is issued; (ii) construction is completed; (iii) a certificate of occupancy, or its equivalent, is issued by the local jurisdiction; and (iv) the provider has the appropriate licenses or certificates from the Maryland Department of Health, the Maryland Health Care Commission, and the Department; (2) describe the disposition of any interest earned on deposits and entrance fees; (3) state the amount of any processing fee and whether it will be refunded if the deposit agreement is canceled; and (4) describe the disposition of the deposit if the deposit agreement is canceled before the continuing care agreement is executed. (d) If a deposit agreement is used for a deposit on a unit for which the provider has received written approval to withdraw deposits, the deposit agreement shall: (1) state that the provider may use all deposits and entrance fees at any time; or (2) describe any applicable limitations on the use of deposits and entrance fees.
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