Maryland Administrative Code

.09 Termination of Designation. The Administration may terminate OHCDS designation as set forth in COMAR 10.22.03.06 and 10.22.03.07.

.01 Scope. This chapter defines key terms and sets out requirements and procedures for an Advance Directive Registry.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Advance Directive. (a) “Advance directive” has the meaning stated in Health-General Article, §5-601, Annotated Code of Maryland. (b) “Advance directive” includes an Instruc…

.03 Filing and Registration. A. An individual may submit an advance directive to the Department for registration. B. In order for the Department to register an advance directive, a registrant shall provide to the Department: (1) A completed application on the form provided by the…

.04 Nonregistration of Advance Directive. A. An individual is not required to register an advance directive with the Department. B. An advance directive that is not submitted to the Registry is valid in accordance with applicable law.

.05 Amendment or Revocation of a Registered Advance Directive. A. The registrant shall notify the Registry if a registered advance directive has been: (1) Amended; or (2) Revoked. B. The Department shall amend the file of a registrant on receipt of: (1) An application for amendme…

.06 Fees — Repealed. Cross References 10.23.01.03B(2)

.07 Disclosure of Information. A. The Department shall provide access to a registered advance directive to: (1) The registrant; or (2) An authorized person. B. To access an advance directive: (1) A registrant or a registrant's designee shall supply the registrant's file number an…

.08 Storage of Data. A. The Department shall establish a Registry that is: (1) Secure, in accordance with data security standards customarily applied to the protection of electronic medical records; and (2) Available 24 hours a day, 7 days a week. B. The Department may provide fo…

.09 Public Outreach. The Department shall carry out educational and outreach efforts to increase public awareness of the Registry.

.10 Liability of Health Care Providers. A health care provider is not subject to criminal prosecution or civil liability and may not be determined to have engaged in unprofessional conduct by the appropriate licensing authority for: A. Failure to access the Registry; or B. Relyin…

.11 Registry Funding. Implementation of this chapter is contingent on the availability of funds, in accordance with State Finance and Procurement Article, §§7-234 and 7-235, Annotated Code of Maryland.

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acquisition” means: (a) Any transfer of stock or assets that results in a change of the person or persons who control a health care facility; or (b) The transfer of any st…

.02 Coverage. A. Except as provided in Regulations .03—.05 of this chapter or as otherwise provided by law, a CON is required before: (1) A new health care facility is built, developed, or established; (2) An existing health care facility is moved to another site, unless the relo…

.03 Non-Coverage by Certificate of Need or Other Commission Approval. A. Acquisition of an Existing Health Care Facility. (1) At least 30 days before closing on a contract to acquire a health care facility, the person acquiring the facility shall notify the Commission in writing,…

.04 Exemption from Certificate of Need Review. A. The Commission may exempt from the requirement of CON review and approval the following actions: (1) Merger or consolidation of two or more hospitals or other health care facilities, if the facilities or an organization that opera…

.05 Ambulatory Surgery Centers: Determination of Coverage and Data Reporting. A. Determination of Coverage. (1) A CON is not required for an ambulatory surgery center. (2) A person shall obtain a determination of coverage from the Commission before: (a) Establishing a new ambulat…

.06 Access to Information and Facilities. To the extent permitted by law, an applicant shall provide access to general information, records, plans and specifications, meetings, sites, and facilities to Commission staff upon proper notice and as is reasonable and necessary in the …

.07 Preapplication Procedures. A. Letter of Intent. (1) A prospective applicant for a Certificate of Need shall submit to the Center for Health Care Facilities Planning and Development a brief letter of intent, with a copy to each local health department in the health planning re…

.08 Procedure for Review of CON Applications. A. Review Schedule. (1) An application shall be submitted in accordance with the published review schedule established by the Commission in accordance with §D(1) of this regulation, but if no applicable review schedule has been publis…

.09 Commission Decision and Action on CON Applications. A. Proposed Decision. (1) Preparation of Proposed Decision. (a) In a comparative or contested review, or in a review in which an evidentiary hearing is held in accordance with Regulation .11 of this chapter, the Executive Di…

.10 Miscellaneous Rules and Procedures. A. Computation of Time. (1) In computing a period of time prescribed by these regulations, by order of the Commission, or by an applicable statute, the day of the action or default initiating the designated period of time is not included. T…

.11 Evidentiary Hearings. A. Request for Evidentiary Hearing. (1) Except as otherwise provided in these regulations, a request for an evidentiary hearing shall be made within 45 days of the docketing of an application or within 30 days after the modification of an application in …

.12 Holder Responsibilities and Penalties for Noncompliance. A. Project Implementation Schedule. (1) An application for a CON or other Commission approval shall propose a schedule for implementation of the project that specifies the estimated time for, at a minimum, the following…

.13 Procedures for Certificate of Conformance and Certificate of Ongoing Performance Applications. A. Coverage. (1) A certificate of conformance is required to introduce primary or elective percutaneous coronary intervention services at a hospital. (2) A certificate of ongoing pe…

.14 Special Procedures. A. Determination of Coverage. Except as otherwise provided in Regulations .03 or .05 of this chapter, a project that requires a determination of coverage shall be dealt with in the following manner: (1) A written request for determination of coverage shall…

.15 Commission Approval Required Before Certain Actions. A. Obligation of Capital Expenditure. (1) A person may not incur an obligation for a capital expenditure for a project that is subject to review under these regulations until the applicant receives a CON or other required C…

.16 Voluntary Withdrawal of an Application. An applicant may voluntarily withdraw its application without prejudice prior to final action by the Commission on the application. Written notice of the withdrawal shall be submitted to the Commission through the Executive Director. A …

.17 Project Changes After Commission Approval. A. Filing of Request. A holder that desires to change a project that has received CON or other Commission approval shall submit a request for the proposed change and supporting documentation to the Commission, copying each local heal…

.18 Review Required Before Licensing or First Use of Project. A. Request for First Use Review and Approval. Not fewer than 60 days but not more than 120 days before the first use of any portion of a facility or service developed under a CON or other Commission approval, the holde…

.19 Reconsideration Procedures. A. Request for Reconsideration. An aggrieved party may request that the Commission conduct a hearing to reconsider a Commission final decision to grant, to grant with conditions, or to deny a Certificate of Need application, a request for an exempt…

.20 Emergency Certificate of Need. A. The Executive Director may issue an emergency Certificate of Need under the following circumstances that would otherwise require issuance of a CON: (1) A situation presents hazards to employees or patients of a health care facility, and the p…

.21 Acquisitions of Nursing Homes. A. Notice of Transfers of Ownership. (1) A person shall provide notice to the Commission at least 30 days before the change of ownership of a nursing home, including changes in ownership of real property and improvements, bed rights, or operator…

.22 Severability. If any provision of this chapter is declared void by a court of law, the remainder of this chapter shall be unaffected and of continued force and effect.

.23 Effective Date. A. A letter of intent or application submitted after the effective date of these regulations is subject to their provisions. B. A request for a determination of coverage under Regulation .14A of this chapter, submitted after the effective date of these regulat…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commission” means the Maryland Health Care Commission. (2) “Hospital” means a facility defined as a hospital in Health-General Article, §19-301(e) and (g), Annotated Code …

.02 Collection and Reporting of Hospital Data. A. Hospitals shall submit accurate, timely, and complete data which the Commission deems necessary for development of methodologies, planning, analysis, and Certificate of Need reviews as requested on a periodic basis. B. The informa…

.03 Extensions. A. A hospital may request an extension of its submission date by letter to the Executive Director of the Commission submitted not later than 15 days before a submission is due, explaining the reason for the extension and a requested due date. B. The Executive Dire…

.04 Sanctions. Any hospital which fails to submit the information set forth in this chapter within the required time frame, in the absence of an extension granted by the Commission or HSCRC, may be subject to penalties as described in COMAR 10.25.12.

.05 Summary Studies, Reports, and Compilations. Summary studies, reports, or other compilations developed by the Commission or its staff from the data submitted in accordance with this chapter shall be public information, except that disclosure may not be made in such a way that …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Long-term care providers” means providers of institutional and community-based, long-term care services, including those providers identified in COMAR 10.24.08. (2) “Maryl…

.02 Collection and Submission of Data. A. Long-term care providers, on a periodic basis as requested, shall submit accurate, timely, and complete data required by the Commission for: (1) The development of methodologies and planning; and (2) Maintenance of the nursing home perfor…

.03 Extensions. A. A long-term care provider may request an extension of its submission date, by letter, to the Executive Director of the Commission, if the request: (1) Is submitted not later than 15 days before the submission is due; (2) Explains the reason for the extension; a…

.04 Summary Studies, Reports, and Compilations. Summary studies, reports, or other compilations developed by the Commission or the Commission's staff, from the data submitted in accordance with this chapter, is public information, except that disclosure may not be made in such a …

.01 Definitions. A. “Freestanding ambulatory surgical facilities” means facilities or offices which operate primarily for the purpose of providing surgical services to patients not requiring overnight hospitalization, and which are required to obtain a license under Health-Genera…

.02 Collection and Submission of Data. A. All freestanding ambulatory surgical facilities shall submit accurate, timely, and complete data required by the Commission for the development of methodologies and planning on a periodic basis as requested. B. If patient-specific data is…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commission” means the Maryland Health Care Commission. (2) “C-PORT study” means the randomized clinical research trial that was conducted by the Atlantic Cardiovascular Pa…