Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 24 - MARYLAND HEALTH CARE COMMISSION
Chapter 10.24.01 - Procedural Regulations for Health Care Facilities and Services
Section 10.24.01.07 - Preapplication Procedures
Universal Citation: MD Code Reg 10.24.01.07
Current through Register Vol. 51, No. 19, September 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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