Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes
Section 10.21.16.07 - Temporary Approval
Universal Citation: MD Code Reg 10.21.16.07
Current through Register Vol. 51, No. 19, September 20, 2024
A. If the Department's designated approval unit determines that the program meets all approval requirements, the Secretary shall:
(1) Issue temporary approval according to the
provisions of §B of this regulation; and
(2) Forward copies of the approval to the:
(a) Appropriate CSA;
(b) Administration;
(c) ASO;
(d) Medical Assistance Program; and
(e) The program's chief executive officer
(CEO) and president of the advisory committee or governing body, whichever
applies.
B. Duration of Temporary Approval.
(1) The
temporary approval is valid for a period of not more than 6 months unless:
(a) Before the end of 6 months, the program
requests an extension due to a delay in beginning operations; and
(b) Upon the recommendation of the
Department's designated approval unit, the Secretary grants an extension of not
more than 6 months.
(2)
If a program is granted an extension of temporary approval under §B(1)(b)
of this regulation, and the program fails to begin operation during the
effective date of the extension, the program's approval automatically
ceases.
C. Denial of Temporary Approval.
(1) The Department may
deny temporary approval to an applicant if the Department's designated approval
unit determines that the application does not meet all approval
requirements.
(2) The Department
may deny a license or approval to:
(a) Any
corporation or entity that has had a license or approval revoked by the
Department or other licensing agency, or has surrendered or defaulted on its
license or approval for reasons related to disciplinary action, within the
previous 10 years; and
(b) Any
corporation or entity that has a corporate officer who has served as a
corporate officer for a corporation or entity that has had a license revoked,
or has surrendered or defaulted on its license or approval for reasons related
to disciplinary action, within the previous 10 years.
(3) The Secretary may, according to the
provisions of Regulation .12A of this chapter, issue an initial notice of
proposed denial of temporary approval.
(4) If the Secretary takes the action in
§C(1) or (2) of this regulation, the Secretary shall advise the applicant
of hearing rights, as described in Regulations .12A and .16 of this
chapter.
D. Before the expiration of a temporary approval period:
(1) The Department's designated approval unit
shall conduct an on-site review to determine approval status outlined in
Regulation .08 of this chapter; and
(2) Following completion of the on-site
review required under §D(1) of this regulation, the Secretary shall grant
or propose to revoke approval according to the provisions of Regulation .08 or
.12 of this chapter.
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