Md. Code Regs. 10.05.01.04 - Licensing Procedure
A. A
person desiring to operate a facility shall:
(1) Be in compliance with all applicable
federal, State, and local laws and regulations;
(2) File an application on a written or
electronic form provided by the Department;
(3) Submit documentation that the Maryland
Health Resources Planning Commission has determined that the facility either
received a certificate of need or is exempt from certificate of need
requirements; and
(4) Submit a
written description of its quality assurance program as required by Regulation
.08 of this chapter.
B.
An officer of a corporation or association shall apply for a license on behalf
of the entity. The owner shall apply on behalf of a sole proprietorship. An
applicant shall submit the names of the entity's board members, owners, and
investors having at least 2 percent ownership.
C. An authorized individual of a government
unit or agency shall apply for a license on behalf of the government unit or
agency.
D. For an existing
Medicare-certified facility, the Department shall issue a license within 90
days of receiving:
(1) A license
application;
(2) The license fee;
and
(3) Evidence of compliance with
applicable regulations.
E. Based on information provided to the
Department by the applicant and the Department's own investigation, the
Secretary shall:
(1) Approve the application
unconditionally if the applicant complies with all requirements of this
chapter;
(2) Approve the
application conditionally; or
(3)
Deny the application if the applicant:
(a) Has
been convicted of:
(i) A felony that relates
to Medicaid or Medicare, or
(ii) A
crime involving moral turpitude; or
(b) Does not comply with the requirements of
this chapter.
F. Denial of License for Prior Revocation or
Consent to Surrender License. The Secretary may deny a license to:
(1) A corporate applicant if the corporate
entity has an owner, director, or officer:
(a)
Whose conduct caused the revocation of a prior license, or
(b) Who held the same or similar position in
another corporate entity which had its license revoked;
(2) An individual applicant:
(a) Whose conduct caused the revocation of a
prior license, or
(b) Who held a
position as owner, director, or officer in a corporate entity which had its
license revoked; or
(3)
An individual or corporate applicant that has consented to surrender a license
as a result of a license revocation action.
G. The Secretary shall also consider the
factors identified in Regulation .15D of this chapter when deciding whether to
deny a license.
H. A person
aggrieved by a decision of the Secretary under this regulation may appeal the
Secretary's action by filing a request for a hearing in accordance with
Regulation .16 of this chapter.
I.
Renewal of License.
(1) At least 60 days
before a license expires, the licensee shall submit a renewal application to
the Secretary on a written or electronic form provided by the
Department.
(2) The Secretary shall
renew the license for an additional 3-year period for a licensee that meets the
requirements of this chapter.
Notes
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