Md. Code Regs. 10.07.21.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.21.04 - Application Procedure

A. Before a person may apply for a license to operate a general hospice care program, the person shall obtain a certificate of need from the Maryland Health Resources Planning Commission under Health-General Article, Title 19, Annotated Code of Maryland.

B. The applicant shall submit an application for an initial license or renewal of a license on a written or electronic form provided by the Secretary.

C. The applicant shall provide the following information with the application as applicable:

(1) If the applicant is an individual and is sole owner of the hospice care program, the name and address of the applicant;

(2) If the applicant proposes to operate a facility providing inpatient hospice care services and someone other than the applicant owns the building or real property, or both, the name and address of the owner or owners;

(3) If the applicant is a partnership or limited partnership:

(a) The legal name of the partnership or limited partnership,

(b) Any trade name used by the partnership or limited partnership, and

(c) The name and address of each partner;

(4) If the applicant is a corporation:

(a) The name of the corporation,

(b) The date of incorporation,

(c) The state of incorporation,

(d) The name and address of each director,

(e) If the corporation is incorporated outside of the State, the name and address of the resident agent of the corporation,

(f) The name and address of each officer, and

(g) The name and address of any stockholder owning more than 5 percent of the stock of a corporate applicant;

(5) A statement that the applicant meets the requirements of Health-General Article, Title 19, Annotated Code of Maryland, and this chapter;

(6) The name of the individual who is to be the medical director of the hospice care program;

(7) The location and postal address of:

(a) The principal office of the proposed hospice care program,

(b) Any other office of the proposed hospice care program,

(c) Any facility providing inpatient hospice services to be operated by the hospice care program, and

(d) Any location where home-based hospice services are being provided in a residence owned or operated by the hospice; and

(8) A copy of the certificate of need determination from the Maryland Health Resources Planning Commission as required under §A of this regulation.

D. The Secretary:

(1) Shall deny or revoke a license if the applicant or licensee has been convicted of a felony involving Medicaid fraud or other activity involving a nursing home, or its residents; or

(2) May deny or revoke a license of the applicant or licensee who does not otherwise meet the requirements of this chapter.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .28 of this chapter.

Md. Code Regs. 10.07.21.04

Regulations .04 adopted effective August 10, 1998 (25:16 Md. R. 1274); amended effective 43:17 Md. R. 953, eff. 8/29/2016; amended effective 44:5 Md. R. 292, eff. 3/13/2017