Md. Code Regs. 32.02.02.10

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

Section 32.02.02.10 - Action of Department on Application for an Initial Certificate of Registration

A. The Department shall issue an initial certificate of registration when it determines that all of the following conditions have been met:

(1) The provider has been issued a preliminary certificate of registration;

(2) The provider has received all licenses and certifications required as of that date from DHMH and MHCC;

(3) The provider has submitted documentation which demonstrates to the satisfaction of the Department that:

(a) Agreements have been executed for at least the greater of either:

(i) 10 percent of the number of subscribers needed for the provider to reach its break-even point, or

(ii) 30 subscribers; and

(b) At least 10 percent of the total entrance fee has been paid as a deposit for each of the executed agreements;

(4) The provider has submitted documentation that demonstrates to the satisfaction of the Department that there is a commitment for any planned long-term financing;

(5) The provider has submitted documentation that demonstrates to the satisfaction of the Department that arrangements for the personnel and services necessary to provide continuing care at home have been made; and

(6) The form and substance of all advertising and other promotional materials filed are not deceptive, misleading, or likely to mislead.

B. Upon receipt of an initial certificate of registration, the provider may withdraw escrowed deposits and use them to fulfill its obligations to the subscribers, as long as all required reserves are in place.

C. If the conditions in §A of this regulation are not met, the Department shall issue a denial of an initial certificate of registration, in writing, which includes the reasons for the denial. The provider may resubmit an amended application within the time limits set forth in §D of this regulation.

D. If an initial certificate of registration is not issued within 24 months of the issuance of the preliminary certificate of registration, or a longer time allowed by the Department for good cause shown, as defined in §E of this regulation, the Department shall require the provider to refund all deposits and to cease in its attempts to offer continuing care at home under that application. A further intent to provide continuing care at home shall require a new application, including a feasibility study.

E. The Department may not deny a request for an extension of time if the provider demonstrates reasonable progress toward acquiring an initial certificate of registration.

Md. Code Regs. 32.02.02.10