Md. Code Regs. 10.37.10.12

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.37.10.12 - Preliminary Commission Order

A. The Commission shall consider the staff recommendation and, within 20 days of the date of the recommendation, issue its preliminary order adopting or modifying the recommendation, or referring the recommendations back to the staff for further review and subsequent recommendations.

B. Order Nisi.

(1) If the Commission issues a preliminary order granting tentative approval of any rates, it shall publish notice of the order nisi and the rates.

(2) In addition, the Commission shall forward copies of the order nisi and the rates to the hospital and interested parties.

(3) The order nisi shall state:

(a) The name and address of the hospital; the names of the designated interested parties; the docket, page, and file numbers of the rate application proceeding and the date the application was filed with the Commission.

(b) An enumeration of services and the proposed representative rates to be charged:

(c) That the Commission has approved the rates as of a date to be specified, with a provision that the order may be suspended if reasonable cause is shown within 15 days of the date of the Order Nisi.

(d) That objections to the tentatively approved rates shall be submitted (in person or by mail) to the Commission in writing; that designated interested parties shall submit copies of their objections, identifying the proceeding and Order Nisi to which objections are made to the hospital, and nine copies to the Commission office; and

(e) That the file, which may contain supporting documents from the hospital, the Commission staff recommendation, the Accounting and Reporting reports and the Rate Review System of the hospital, is available at the Commission offices during regular business hours for public inspection.

C. If the Commission issues an order for a public hearing, it shall forward copies of the order and public notice of the hearing to the hospital and the designated interested parties and shall publish a public notice of the hearing. The notice shall state:

(1) The name and address of the hospital: the names of the designated interested parties; the docket, page, and file numbers of the rate application proceeding; the date the application was filed with the Commission; and the time, date, and place of the hearing;

(2) A description of the issues to be presented at the public hearing;

(3) That any person interested in the matter may attend the public hearing;

(4) That all persons wishing to present relevant testimony or a statement at the public hearing shall forward copies to the hospital, each designated interested party, and nine copies to the Commission office; that the hospital and members of the public shall forward their testimony at least 8 days before the hearing; that the designated interested parties shall forward their testimony at any time before the close of the first session.

D. Written testimony will not be considered unless the person submitting the testimony makes himself available for cross-examination unless stipulated to the contrary.

E. If the Commission issues an order for a general hearing by the Commission, it shall forward copies of the order and public notice of the hearing to the hospital and the designated interested parties and publish a public notice of the hearing.

Md. Code Regs. 10.37.10.12

Regulations .12 amended effective May 29, 1981 (8:11 Md. R. 975)