Maryland Administrative Code

.07 Rulemaking Proceedings. A. Rulemaking proceedings may include any type of action which the Secretary is authorized or required by law to take when promulgating, amending, or repealing regulations, including: (1) Studies to gather information concerning the regulation; (2) Adv…

.08 Files of Petitions for Regulations. The Department shall maintain a file of all petitions submitted and their disposition. This file shall be available for public inspection in accordance with General Provisions Article, §§4-201—4-206, Annotated Code of Maryland.

.01 Scope. A. This chapter establishes the procedures for requesting and gaining access to records and information of the Maryland Department of Health , its administrations, and its facilities. B. This chapter does not apply to requests for medical records of individuals, which …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means any person or governmental unit requesting disclosure of public records. (2) “Department” means the Maryland Department of Health. (3) “Official custodian…

.03 Procedures Regarding Inspection or Copying of a Record. A. To obtain access to records of the Department, an applicant shall submit to the custodian a written application containing the applicant's name, address, telephone number, if available, and a description of the record…

.04 Fees. A. Fee Schedule. (1) Copies. (a) When copies are reproduced using a computer printer or copier machine, the charge for each copy is 50 cents per page. (b) For duplication of other storage media such as compact disks, magnetic tapes, zip disks, floppy disks, memory cards…

.01 General. This chapter sets out the procedures for appeals of final cost settlements before the Hospital Appeal Board, pursuant to COMAR 10.09.92.10, 10.09.93.12, and 10.09.95.12, and the Nursing Home Appeal Board, pursuant to COMAR 10.09.10.34.

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Hospital Appeal Board or the Nursing Home Appeal Board. (2) “Final cost settlement” means a determination by the Medical Assistance Program of any amounts due to or owed b…

.03 Notice of Appeal. A. An opportunity for a hearing shall be provided to any hospital or nursing home that requests review of a final cost settlement by filing a written notice of appeals with the Board not later than 30 days after receipt of the notice of final cost settlement…

.04 Prehearing Conference for Evidentiary Hearing. A. After receipt of a notice of appeal with an election by the provider of a full evidentiary hearing, the Board shall schedule a prehearing conference. B. The prehearing conference shall be presided over by a member of the Board…

.05 Conduct of the Evidentiary Hearing. A. The hearing shall be conducted by the Board, or by a person or agency designated by the Board. B. The rules of evidence in all hearings shall be those set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland…

.06 Recommendation to the Board. A. If the hearing is not conducted before a Board consisting of three members as provided in COMAR 10.09.10.34, 10.09.92.10, 10.09.93.12, and 10.09.95.12, the presiding officer or officers at the hearing shall issue recommendations to the Board on…

.07 Decision. A. If the hearing was presided over by the full Board, or after consideration by the full Board of the recommendations and exceptions to the recommendations and any argument in support of them, the Board shall issue a decision including findings of fact and conclusi…

.08 Appeal. Any party may file an appeal from the decision of the Board as provided by law.

.01 Purpose. The Secretary of Health (MDH) has established accounts for the purpose of payment of off-grounds medical services. These accounts are to be used by MDH facilities whose clients receive services from private medical providers that the facility cannot furnish or secure…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Client” means a resident or patient in a Maryland Department of Health facility. (2) “Department” means the Maryland Department of Health. (3) Facility. (a) “Facility” mea…

.03 Requirements. A. All facilities shall provide or arrange for the provision of medical care required by individuals placed in Department facilities. B. All facilities shall purchase medical services that cannot be provided in the facility by the facility's staff or visiting co…

.04 Payment Procedures. A. Medical providers shall collect to the extent possible from third-party payers such as Medical Assistance, Medicare, and private insurers. B. Facilities shall direct medical providers to invoice the facility for the cost of those services not covered by…

.05 Recovery and Reimbursement. A. If a client has insurance or if any other person is obligated, either legally or contractually, to pay for, or to reimburse the client for any service covered by this chapter, the medical provider shall seek payment from that source. B. Payment.…

.01 General. These regulations set out procedures for persons in interest who are authorized to inspect a public record to request the correction or amendment of that public record in the Maryland Department of Health under State Government Article, §10-625, Annotated Code of Mar…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Person in interest” means: (a) A person or governmental unit that is the subject of a public record, or a designe…

.03 Who May Request. A person in interest may request the Department to correct or amend any public record that the person in interest is authorized to inspect pursuant to State Government Article, §10-625, Annotated Code of Maryland.

.04 Contents of Request. The person in interest shall request the correction or amendment in writing. The request shall: A. Identify the public record the person is seeking to correct or amend; B. State the precise correction or amendment requested; C. State the reason the correc…

.05 Filing the Request. A person shall file a request for correction or amendment of the record with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the person may address the request to the Secretary of Healt…

.06 Return of Nonconforming Request. A. The Department shall accept a request to correct or amend a public record when it is received if it complies with Regulations .04 and .05 of this chapter. B. If the request does not comply with Regulations .04 and .05 of this chapter, the D…

.07 Response to Request. Within 30 days after the request for correction or amendment is received, the custodian of the record shall: A. Make the requested correction or amendment and inform the person of the action; B. Inform the person in writing of the: (1) Department's refusa…

.08 Refusal of Request. If the Department's response under Regulation .07 of this chapter, is to refuse the requested correction or amendment, the person in interest may file with the Department a concise statement of the person's reasons for: A. The requested correction or amend…

.09 Requirements for Statement of Disagreement. A person who desires to file the statement of disagreement specified in Regulation .08 of this chapter shall file the statement in not more than five, one-sided, 8-1/2 by 11 inch pages.

.10 Information Provided to Third Parties. When the Department discloses to a third party information from a public record about which a statement in compliance with Regulations .08 and .09 of this chapter has been filed, the Department shall furnish a copy of the statement to th…

.11 Administrative Review. A. A person may request a hearing by filing a request for a hearing with the custodian of the record, if the person has been denied: (1) An amendment or correction of a record; (2) The right to file a statement of disagreement; or (3) The right to have …

.12 Judicial Review. A person who is aggrieved by the final decision following all administrative review, including the final decision of the Secretary and the decision of the Board of Review, may file for judicial review under State Government Article, §10-222, Annotated Code of…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the…

.02 Petition. A. An interested person may file with the promulgating authority a petition for a declaratory ruling. B. Petition for Declaratory Ruling. The petition for a declaratory ruling shall be filed in writing and shall describe in detail: (1) The interest of the petitioner…

.03 Consideration and Disposition. A. Consideration and Disposition. The promulgating authority shall: (1) Consider the petition and may issue the declaratory ruling requested; (2) Notify the petitioner in writing of the action decided upon and state the reasons for the decision.…

.04 Appeal. A declaratory ruling is subject to judicial review as provided in State Government Article, §10-305, Annotated Code of Maryland.

.01 Scope. An applicant for a license for a residential child care facility or a residential child care program may seek a variance or waiver under this regulation. This chapter applies to licenses regulated by COMAR 10.22.03, 10.22.11, 10.22.14, 10.23.02, and 10.47.01 if the pop…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Secretary” means the Secretary of Health. (2) “Variance” means an alternative procedure to satisfy a specific licensing regulation. (3) “Waiver” means the setting aside of…

.03 Application for Variance. A. An applicant for a license under the chapters listed in Regulation .01, of this chapter, may request a variance to specific licensing regulations. B. An application for a variance shall: (1) Be written; (2) Contain specific details of the alternat…

.04 Department Action on Application for Variance. A. Upon consideration of an application for variance, the Secretary may grant the request for a variance, if the: (1) Applicant has submitted an application in accordance with the provisions of Regulation .03 of this chapter; (2)…

.05 Application for Waiver. A. An applicant for a license under the COMAR chapters listed in Regulation .01, of this chapter, may request a waiver of specific provisions of licensing regulations. B. An application for a waiver shall: (1) Be written; (2) Contain specific facts upo…

.06 Department Action on Application for Waiver. A. The Secretary may grant a waiver of provisions of the applicable licensing regulation if the: (1) Applicant has filed a written request for a waiver in accordance with Regulation .05 of this chapter; (2) Waiver is not inconsiste…

.07 Appeals. An applicant aggrieved by a determination of the Secretary upon an application for waiver or variance may file an appeal of the determination in accordance with the Administrative Procedure Act, State Government Article, §§10-201—10-405, Annotated Code of Maryland, a…

.01 Definition. “Public body” means the entity defined at State Government Article, §10-502(h), Annotated Code of Maryland.

.02 Public Attendance. A. The general public may attend and observe an open session of a public body within or established by the Maryland Department of Health. B. Except in instances when a public body expressly invites public testimony, questions, comments, or other forms of pu…

.03 Disruptive Conduct. A. Prohibition. An individual attending an open session of a public body may not engage in any conduct, including a visual demonstration such as the waving of a placard, sign, or banner, that disrupts the session or that interferes with the right of a memb…

.04 Recording, Photographing, Videotaping, Broadcasting, and Televising of Open Sessions. A. A member of the public, including a representative of the news media, may record an open session of a public body by means of a tape recorder or another recording device, if the: (1) Devi…

.05 Recordings Not Part of the Record. A recording of an open session made by a member of the public, or a transcript derived from the recording, is not a part of the record of a proceeding of a public body.