Maryland Administrative Code

.08 Content. Each rate application shall include a list of services for which new rates are being requested, a list of the present and requested rates, and shall be based on the currently filed or required rate review system.

.09 Method of Filing. The application may be filed by private messenger at the Offices of the Commission, or may be filed by registered mail, return receipt requested, at the following address: Health Services Cost Review Commission 4160 Patterson Avenue Baltimore, Maryland 21215

.10 Docketing and Receipt. A. Docketing. (1) When a valid rate application is received, as per the above regulations, it shall be entered on the Commission docket and a file opened. (2) Each rate application shall be given an annual docket number and a consecutive page number in …

.11 Recommendations of the Commission's Staff to the Commission, Options for Commission Review. A. A rate application review shall be completed and the recommendation given to the Commission as soon as possible. B. The recommendation shall include a specification of those areas o…

.12 Preliminary Commission Order. A. The Commission shall consider the staff recommendation and, within 20 days of the date of the recommendation, issue its preliminary order adopting or modifying the recommendation, or referring the recommendations back to the staff for further …

.13 Public Hearing Before the Commission. A. Testimony shall be in writing and may not be delivered orally, except as set forth in Regulation .14K, of this chapter. B. Presenting Direct Testimony. (1) Any person who wishes to present direct testimony at the public hearing shall f…

.14 Conduct of Public Hearing. A. The Chairman of the Commission shall preside at the public hearing, which may be called to order when the presiding officer is in attendance. If the Chairman is absent or has been disqualified, the Vice-chairman or another commissioner shall pres…

.15 Decision and Opinions of the Commission. A. The decision and the opinions of the Commission shall be based solely on the testimony, examination, and evidence presented at the public hearing, on the briefs filed, if any, on the evidence incorporated into the record of the proc…

.16 General Hearing Before the Commission. A. To obtain general information from the region and community in which a hospital is located, the Commission, at its discretion, may hold a general hearing during the course of any rate proceeding. B. A general hearing shall be suppleme…

.17 Forms. The following forms are illustrative of pleadings and papers commonly used by parties in rate review proceedings and should be used wherever possible and, if necessary, adapted to the facts in the proceeding and the needs of the party using the forms: A. Rate Applicati…

.18 Format. A. All pleadings, motions, and other papers filed in a Commission proceeding shall be typed or legibly written on sheets of bond paper not more than 11 inches long or 8-1/2 inches wide, and each paper shall have a left margin of at least 1 inch and a top margin of at …

.19 Filing of a Rate Application. A. A rate application filed by private messenger at the offices of the Commission shall be deemed to be filed on the date the application is received during normal working hours in the Commission's office. B. A rate application sent by registered…

.20 Service. An original and three copies of all other pleadings, documents, testimony, or motions to be considered by the Commission shall be filed at the office of the Commission during regular business hours. All pleadings, documents, testimony, or motions shall contain a cert…

.21 Computations of Time Periods and Extensions. A. In computing any period of time prescribed by these regulations, by order of the Commission or by any applicable statute, the day of the action or default initiating the designated period of time not be included. The last day of…

.22 Motions. A. Motions shall be in writing, except when made at a hearing or conference and shall state concisely the question which the Commission is called upon to determine, or the action the movant desires the Commission to take. It shall state all reasons, authorities, and …

.23 Subpoenas. A. At any time, the Commission may issue subpoenas directing a designated person to do the following: (1) Appear to testify at a hearing or private pre-hearing conference conducted by the Commission: (2) Appear at a specified time and date at the Commission offices…

.24 Effective Dates and Suspensions. A. The effective date of rates applied for in a rate application shall be 30 days from the date of the filing of the rate application with the Commission and shall be specified in the rate application. B. The Commission's staff may recommend t…

.25 Evidence, Testimony, and Official Notice. A. The presiding officer at a public hearing or general hearing shall make all rulings as to evidence, testimony, and official notice and he may call on the legal counsel of the Commission for guidance in his rulings. B. All evidence …

.26 Working Capital Differentials — Payment of Charges. A. Definitions. (1) In this regulation, the following terms have the meanings indicated. (2) Terms Defined. (a) “Debt collector” has the meaning stated in COMAR 10.37.13.01. (b) “Hospital” means a “facility” as defined in He…

.26-1 Maryland Health Insurance Plan (MHIP) Assessment. A. The Commission shall determine and assess those funds necessary to operate and administer the MHIP. The Commission shall adjust hospital rates to implement the revenue neutral assessment. B. The Commission shall assess ea…

.26-2 Assessment for Savings in Averted Uncompensated Care. A. Beginning July 1, 2008, the Commission shall assess annually a uniform, broad-based, and reasonable amount in hospital rates to reflect the aggregate reduction in hospital uncompensated care resulting from the expansi…

.27 Designated Interested Parties. A. Designated interested parties for a specific rate review proceeding may include: (1) Those community oriented groups which the Commission determines have a significant interest in the hospital and its rate application; (2) Those third-party p…

.28 Right to Counsel. A hospital or any other party in a rate review proceeding may be represented by legal counsel at any or all times during the proceeding, but there is no requirement that parties have legal counsel.

.29 Challenges. A. Any party to a proceeding may challenge the ability of any member of the Commission to consider the rates or issues in that proceeding. Excepting private conferences, this challenge shall be made during the proceeding before its first hearing. Challenges may no…

.30 Consolidation. When two or more rate proceedings involve common questions of fact, the Commission, upon a majority vote of its members, may order that the common questions of fact be decided in a consolidated proceeding.

.31 Burden of Proof. A. In proceedings initiated by a regular, temporary, or new hospital rate application, the burden of proof of the reasonableness, equity, and lack of undue discrimination of the proposed rates shall rest with the hospital. B. In proceedings initiated by an ap…

.32 Severability. If any section or provision of these regulations is declared unconstitutional or void by any court of competent jurisdiction, or its applicability to any person or circumstances is held invalid, the constitutionality or validity of the remainder of the regulatio…

.33 Petition for Promulgation, Amendment, or Repeal of Regulation. A. Any interested party may file with the Commission a petition for the promulgation, amendment, or repeal of a regulation designed to implement, interpret, or prescribe law, policy, organization, procedure, or pr…

.34 Petition for Declaratory Ruling. A. An interested person may file with the Commission a petition for a declaratory ruling with respect to the manner in which the Commission would apply a statute that the Commission enforces, a regulation of the Commission, or an order of the …

.35 Consideration and Disposition. A. Consideration. (1) The petition shall be granted whenever the Commission deems issuing a declaratory ruling advisable under the circumstances. (2) In rendering its declaratory ruling, the Commission: (a) Shall consider all the materials submi…

.36 Effect and Appeal. A. Effect. (1) A declaratory ruling shall be binding upon the Commission and the petitioner on the statement of facts covered in the declaratory ruling and set forth in the petition. (2) After notice and an opportunity to reply, a declaratory ruling may be …

.01 Definitions. “Commission” means the Health Services Cost Review Commission created by Chapter 627, Sec. 1, 1971 Laws of Maryland, and Health-General Article, § 19-202, Annotated Code of Maryland.

.02 Report of Current and Prospective Charges. A. All related institutions shall immediately submit to the Commission a list of their current charges to patients. B. All related institutions shall immediately submit to the Commission their current interim Medicaid per diem rate, …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Cross-subsidization” means the practice of charging a purchaser or class of purchaser more than the cost of care for a service with the result that another purchaser or cl…

.02 Hospital Charges to Purchasers or Classes of Purchasers. A. In order to assure purchasers of health care hospital services that rates are set equitably among all purchasers of services without undue discrimination, a hospital may not intentionally or otherwise engage in cross…

.03 Penalties. A. The Commission may impose penalties of up to $1,000 per day, which shall be instead of the $100 per day penalty for failing to file reports as set forth in COMAR 10.37.01.03N, for a required report submitted by a hospital that includes information which has the …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Credit and collection policy” means a hospital’s policy on the collection of medical debt. (2) Debt Collector. (a) “Debt collector” means a person who engages directly or …

.02 Electronic Delivery of Written Communications. A. A patient may opt out of receiving written communications required by Regulations .03—.08 of this chapter through electronic delivery methods, such as through email or a patient portal. B. A hospital or debt collector who comm…

.03 Hospital Information Sheet. A. Each hospital shall develop an information sheet that: (1) Describes clearly: (a) The hospital's financial assistance policy as required in Regulation .06 of this chapter and Health-General Article, §19-214.1, Annotated Code of Maryland; and (b)…

.04 Hospital Credit and Collection Responsibilities. A. Each hospital shall submit to the Commission, at times prescribed by the Commission, the hospital's credit and collection policy. B. The policy shall: (1) Provide for active oversight by the hospital of any contract for coll…

.05 Guidelines for Hospital Payment Plans. A. Scope. (1) As described in this regulation, the Guidelines for Hospital Payment Plans apply to any income-based payment plan offered by a hospital to a patient to pay for medically necessary hospital services after the services are pr…

.06 Hospital Financial Assistance Responsibilities. A. Financial Assistance Policy. (1) Requirements. (a) Each hospital and each chronic care hospital under the jurisdiction of the Commission shall develop a written financial assistance policy for providing free and reduced-cost …

.07 Patient Complaints. A. The Commission shall post a process on its website for a patient or a patient’s authorized representative to file with the Commission a complaint against a hospital for an alleged violation of Health-General Article, §§19-214.1 or 19-214.2, Annotated Co…

.08 Hospital Written Estimate. A. In addition to the good faith estimate requirements set forth in the Public Health Service Act, 42 U.S.C §2799B-6, the No Surprises Act, on request of a patient made before or during treatment, a hospital shall provide to the patient a written es…

.09 Other Obligations of Debt Collectors. This chapter does not diminish any obligations of a debt collector, as defined under Regulation .01 of this chapter, under other applicable laws or regulations, including, without limitation, any requirement for the debt collector to obta…

.01 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Approved agency” means an independent credentialing agency, approved by the Board, which evaluates the credentials of foreign-trained applicants. (2) “Approved curriculum…

.02 Requirements for Licensure. The following are requirements for an applicant educated in an approved physical therapy or approved physical therapist assistant curriculum in any state: A. Examination. The following shall be filed with the Board or the Board’s agent: (1) An appl…