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 10.24.01.15 - Commission Approval Required Before Certain Actions
Universal Citation: MD Code Reg 10.24.01.15
Current through Register Vol. 51, No. 19, September 20, 2024
A. Obligation of Capital Expenditure.
(1) A person may not
incur an obligation for a capital expenditure for a project that is subject to
review under these regulations until the applicant receives a CON or other
required Commission approval.
(2)
An obligation for capital expenditure is incurred by or on behalf of a health
care facility:
(a) When a contract,
enforceable under State law, is entered into by or on behalf of the health care
facility for the construction, acquisition, lease, or financing of a capital
asset;
(b) When a governing body of
the health care facility takes formal action to commit its own funds for a
construction project undertaken by the health care facility as its own
contractor; or
(c) In the case of
donated property, on the date on which the gift is completed under applicable
State law.
B. Obligation of Predevelopment Expenditures. An applicant proposing predevelopment expenditures requiring review under this chapter may not enter into a binding contract or other obligation for such activities until the applicant receives a CON or other required Commission approval.
C. Binding Commitments for Financing. A binding arrangement or commitment for financing a project may not be entered into by an applicant until the applicant receives a CON or other required Commission approval for the project.
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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