Md. Code Regs. 10.24.01.07

Current through Register Vol. 51, No. 11, May 31, 2024

Section 10.24.01.07 - 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 region. The Center for Health Care Facilities Planning and Development shall formally log all letters of intent upon receipt.

(2) A prospective applicant identified in a letter of intent may be the person or persons who will be the licensee. If the legal entity that will be the licensee has not yet been formed or finalized at the time of filing a letter of intent:

(a) A prospective applicant shall identify the intended ownership and control of the licensee with the same level of specificity as required in §A(3) of this regulation; and

(b) The legal entity that will be the licensee shall be formed at the time of filing an application for a CON.

(3) The letter of intent shall include the following information:

(a) The identity of each person on whose behalf the letter of intent is filed, including:

(i) The name and address of each such person; and

(ii) In the case of a letter of intent filed on behalf of a person that is not a natural person, the date the entity was formed, the business address of the entity, and the identity and percentage of ownership of all persons having an ownership interest of 5 percent or more in the entity;

(b) A description of the proposed project;

(c) The quantity and types of beds or health services involved; and

(d) The specific location and each jurisdiction in which services will be provided, according to the relevant planning region in the State Health Plan for that facility or service.

(4) A letter of intent shall be submitted in accordance with the published review schedule established by the Commission in accordance with Regulation .08D of this chapter, but if no applicable review schedule has been published, a letter of intent may be submitted at any time.

(5) Notice of the receipt of a letter of intent for a project not subject to a published review schedule shall be placed in the Maryland Register, and a 30-day period initiated for the submission of any other letters of intent for comparable projects to be included in a comparative review.

(6) Upon docketing of an application, the letter of intent for that project is no longer valid for purposes of comparative review.

(7) If a letter of intent is submitted for a proposed health care project which might be comparable to a project application which has been submitted but not yet docketed, the projects shall be given a comparative review.

(8) Notwithstanding any other regulation in this chapter, no letter of intent or application shall initiate a comparative review with an earlier filed letter of intent or application if the earlier filed letter of intent predates the later filed letter of intent by a period of more than 60 days, unless the Executive Director finds that the applicant in the earlier filed matter has unreasonably delayed in the advancement of its application through staff's completeness review, and that good cause exists to review the projects in comparative review.

(9) If a person submits a letter of intent for a proposed health care project that might be comparable to an application which has already been docketed, a comparative review may not be conducted.

(10) If an application for a CON is not filed in accordance with Regulation .08A(1) of this chapter, the letter of intent is void.

(11) Letters of intent are subject to public inspection during normal business hours.

B. Preapplication Conference. After the filing of a letter of intent, an applicant may request that the Commission staff arrange a preapplication conference to discuss:

(1) Commission procedures for reviewing the application or applications;

(2) Information and data to be included in the application or applications;

(3) The State Health Plan requirements that may affect the project; and

(4) Other matters relevant to the filing and processing of the application or applications.

C. The discussions in §B of this regulation are informal, and statements at the meetings are not admissible as evidence at a Commission proceeding.

Md. Code Regs. 10.24.01.07

Regulations .07 amended effective February 4, 1976 (3:3 Md. R. 151)
Regulations .07A, B, E amended as an emergency provision effective July 1, 1978 (5:17 Md. R. 1321); adopted permanently effective December 15, 1978 (5:25 Md. R. 1855)
Regulations .07H amended as an emergency provision effective August 1, 1985 (12:17 Md. R. 1694); emergency status extended at 12:26 Md. R. 2540; emergency status reapproved effective April 4, 1987 (13:9 Md. R. 1021); emergency status extended at 13:14 Md. R. 1629 and 13:20 Md. R. 2206 (Emergency provisions are temporary and not printed in COMAR)
Regulations .07A_D, F, P amended as an emergency provision effective March 15, 1986 (13:8 Md. R. 890) (Emergency provisions are temporary and not printed in COMAR)
Regulations .07 amended as an emergency provision effective July 16, 1987 (14:16 Md. R. 1767); emergency status extended at 14:18 Md. R. 1962 (Emergency provisions are temporary and not printed in COMAR)
Regulations .07 amended as an emergency provision effective September 23, 1987 (14:21 Md. R. 2217); adopted permanently effective February 8, 1988 (15:3 Md. R. 304)
Regulations .07 amended as an emergency provision effective March 9, 1989 (16:7 Md. R. 802); emergency status extended at 16:20 Md. R. 2178 and 17:3 Md. R. 295 (Emergency provisions are temporary and not printed in COMAR)
Regulation .07 amended effective November 17, 1986 (13:23 Md. R. 2480); April 6, 1987 (14:7 Md. R. 831); March 19, 1990 (17:5 Md. R. 638); June 6, 1994 (21:11 Md. R. 951)
Regulations .07 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulation .07 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023