A court may refuse to make or may vacate an order to rehabilitate under this subchapter if the provider posts a bond that is:
(1) in an amount determined by the court to be equal to the reserve funding needed to fulfill the provider's obligations under its continuing care contracts at the facility;
(2) issued by a recognized surety authorized to do business in this state; and
(3) executed in favor of the state on behalf of all persons entitled to refunds of entrance fees from the provider or other damages if the provider is unable to fulfill its continuing care contracts at the facility.