Md. Code Regs. 10.05.01.04

Current through Register Vol. 51, No. 12, June 14, 2024
Section 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.

Md. Code Regs. 10.05.01.04

Regulation .04 amended effective 44:5 Md. R. 292, eff. 3/13/2017