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 10.24.01.10 - Miscellaneous Rules and Procedures
Universal Citation: MD Code Reg 10.24.01.10
Current through Register Vol. 51, No. 19, September 20, 2024
A. Computation of Time.
(1) In computing a period of time
prescribed by these regulations, by order of the Commission, or by an
applicable statute, the day of the action or default initiating the designated
period of time is not included. The last day of the period so computed is to be
included unless it is a day on which the office of the Commission is closed, in
which event the period extends until the next day on which the office of the
Commission is open. Unless otherwise noted, all time periods shall be computed
in calendar days.
(2) At the
discretion of the reviewer, the Executive Director, or the Executive Director's
designee, and upon a showing of good cause by the submitting party, a period of
time to submit a document or perform any act permitted or prescribed by these
regulations may be extended for a reasonable period of time.
B. Filing of Documents. In all matters before the full Commission, filings may not be made directly to individual commissioners except at the direction of the reviewer or the Executive Director.
C. Motion Practice.
(1) A motion shall be made in
writing, except when made at a hearing or prehearing conference in accordance
with Regulation .11 of this chapter, and shall state concisely the action the
movant desires the Commission to take, and supporting grounds and
authority.
(2) A motion shall be
filed within 20 days of the determination to which the motion
responds.
(3) The following actions
shall be taken by motion:
(a) A demand for an
action which the movant desires the Commission, the reviewer, or the staff of
the Commission to take;
(b) A
request for reconsideration, under Regulation .19 of this chapter;
(c) An objection to the introduction of a
statement or other evidence by a party during an evidentiary hearing held under
Regulation .11 of this chapter;
(d)
A challenge to a reviewer or other member of the Commission;
(e) An action that might be initiated
properly or undertaken by a party to a review, and that is not otherwise
provided for in this chapter; and
(f) Any other question that is
justiciable.
(4) A
motion need not be verified unless it is based on facts not apparent from the
record or documents filed in the proceeding.
(5) An applicant or interested party to the
review may file one written answer to a motion, in the same format required of
motions, within 10 days of the filing of the motion.
(6) Except as otherwise provided in these
regulations, the reviewer or, in a matter in which no reviewer has been
appointed, the Executive Director shall rule on a motion made prior to the
issuance of a proposed decision or staff recommendation. Except as otherwise
provided in these regulations, the Chair shall rule on all other
motions.
(7) The person presiding
over the motion may hear oral argument on the motion at the request of a
party.
D. Summary Decision.
(1) At any time after an application
is docketed, staff may file a motion for summary decision to deny the
application.
(2) The motion shall
identify the grounds for the motion, which is not required to address every
applicable State Health Plan standard. The applicant may respond to the motion
in writing, within 15 days of receipt of the motion.
(3) The reviewer, or, in a matter in which no
reviewer has been appointed, a commissioner appointed as motions officer by the
Executive Director, may hear oral argument on the motion at the request of a
party and shall issue a proposed ruling which shall be subject to review by the
full Commission.
(4) A quorum of
the full Commission shall make a final ruling on the motion for summary
decision.
E. Ex Parte Contacts. After the docketing of an application and until the Commission renders its final decision under this regulation, the ex parte provisions of the State Government Article, Title 10, Annotated Code of Maryland, apply.
F. Local Health Department Review and Comment. The Commission shall seek information and comment from each local health department in the health planning region for the proposed project, and shall consider any response from each health department in making a final decision on an application.
G. Required Approvals.
(1) Except in emergency
circumstances posing a threat to public health, all decisions of the Commission
on an application for a Certificate of Need shall be consistent with applicable
State Health Plan standards and criteria established by the
Commission.
(2) Unless the
Commission finds that the facility or service for which a proposed expenditure
is to be made is not needed or is not consistent with the State Health Plan,
the Commission shall approve an application for a Certificate of Need to the
extent that the expenditure will be made to eliminate or prevent an imminent
safety hazard, as defined by federal, State, or local fire, building, or life
safety codes or regulations, to comply with State licensing standards, or to
comply with accreditation standards for reimbursement under Title XVIII of the
Social Security Act or under the State Medical Assistance Program approved
under Title XIX of the Social Security Act.
H. Notice of Final Action on a Certificate of Need Application. The Commission shall provide a copy of a CON decision to State or local licensing agencies, the Maryland Medical Assistance Program, and the Health Services Cost Review Commission.
I. Participation of Staff. A reviewer may seek the assistance of any member of the Commission staff in preparing a proposed decision.
J. Transferability. A Certificate of Need or other Commission approval is not transferable.
K. Consent Agenda.
(1) The Commission may take action on the
following categories of items by use of a consent agenda at a public meeting of
the Commission:
(a) Adoption of final
regulations previously adopted by the Commission as proposed permanent
regulations that:
(i) Do not result in public
comments after publication in the Maryland Register; and
(ii) Contain no wording changes.
(b) A change in an approved
project that requires Commission approval pursuant to Regulation .17 of this
chapter and is recommended for approval by the Executive Director with the
exception of:
(i) An increase in the capital
cost of a project that exceeds the approved capital cost inflated by the cost
index specified in Regulation .17 of this chapter that also includes a change
in the financing mechanism of the project; or
(ii) A change in the financing mechanism of
the project.
(c)
Confirmation of an emergency CON issued by the Executive Director in accordance
with Regulation .20 of this chapter.
(d) Other categories of actions that a
majority of the fully authorized membership of the Commission votes to include
on the consent docket.
(2) Consent agenda items shall be
disseminated to the Commissioners prior to the meeting along with copies of any
related materials. At the beginning of the meeting, the Chair of the Commission
will present the consent agenda to the Commissioners and ask whether anyone
wishes to remove an item from the consent agenda to the main agenda or the next
scheduled meeting. Items may be removed from the consent agenda on the request
of any one Commissioner. Items not removed may be adopted by general consent
without debate. Removed items may be taken up either immediately after the
consent agenda, placed later on the agenda, or moved to the meeting that
follows at the discretion of the Chair.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
