Md. Code Regs. 10.24.01.15

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

Section 10.24.01.15 - 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 Commission approval.

(2) An obligation for capital expenditure is incurred by or on behalf of a health care facility:

(a) When a contract, enforceable under State law, is entered into by or on behalf of the health care facility for the construction, acquisition, lease, or financing of a capital asset;

(b) When a governing body of the health care facility takes formal action to commit its own funds for a construction project undertaken by the health care facility as its own contractor; or

(c) In the case of donated property, on the date on which the gift is completed under applicable State law.

B. Obligation of Predevelopment Expenditures. An applicant proposing predevelopment expenditures requiring review under this chapter may not enter into a binding contract or other obligation for such activities until the applicant receives a CON or other required Commission approval.

C. Binding Commitments for Financing. A binding arrangement or commitment for financing a project may not be entered into by an applicant until the applicant receives a CON or other required Commission approval for the project.

Md. Code Regs. 10.24.01.15

Regulations .15 amended effective February 4, 1976 (3:3 Md. R. 151)
Regulations .15A, B 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 .15 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 .15 amended effective March 19, 1990 (17:5 Md. R. 638); October 10, 1994 (21:20 Md. R. 1732)
Regulations .15 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulation .15 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023