reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.04 - Request for Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Statement of Request.
(1) Any individual,
				  either himself or through an authorized representative, may request a fair
				  hearing by giving a clearstatement, oral or written, to any member of the
				  Department or delegate agency, that the individual desires an opportunity to
				  present for review any matter which is the proper subject of a fair hearing as
				  provided in Regulation .02 of this chapter. The request shall be given to:
(a) The Program's Office of Health Services,
				  if the appeal concerns a recipient's services being denied, suspended,
				  terminated, or reduced; or
(b) The
				  Office of Administrative Hearings or the delegate agency, if the appeal
				  concerns the appellant's eligibility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.05 - Pre-Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  delegate agency shall prepare a hearing summary containing pertinent
				  information detailing the specific action that is the basis for the appeal. If
				  the delegate agency prepares a hearing summary, the summary shall be forwarded
				  to the appellant or the appellant's authorized representative at least 6 days
				  before the hearing date.
B. The
				  appellant and the Department or MCO may request the names of all witnesses that
				  the other party intends to call at the fair hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.06 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  appellant, the Program, the MCO, and the delegate agency shall have the
				  opportunity to:
(1) Present
				  witnesses;
(2) Present documentary
				  evidence;
(3) Present oral and
				  written argument without undue interference;
(4) Establish all facts and circumstances the
				  administrative law judge judges to be pertinent; and
(5) Question or refute any testimony or
				  evidence, including an opportunity to confront and cross-examine all witnesses
				  the administrative law judge judges to be adverse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.07 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A verbatim
				  recording of the fair hearing shall be made. Nonrecorded or confidential
				  information, which the appellant does not have an opportunity to hear or see,
				  may not be made a part of the hearing record. One transcribed copy of the
				  recording shall be supplied to the appellant at no cost if the appellant takes
				  a further appeal.
B. The following
				  shall constitute the exclusive record of the hearing:
(1) The transcript or recording of testimony
				  and exhibits, or an official report containing the substance of what happened
				  at the hearing;
(2) All papers and
				  requests filed in the proceeding; and
(3) The administrative law judge's
				  decision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.08 - Findings, Timing of Decision, and Effect of Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Findings.
(1) The administrative law judge shall:
(a) Prepare a written summary of findings and
				  conclusions based exclusively on the record; and
(b) Make a decision based on his findings and
				  conclusions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.09 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the appellant
				  waives in writing his privilege of confidentiality as to the fair hearing, the
				  administrative law judge shall permit members of the public to attend the
				  hearing.
B. The administrative law
				  judge may cause the removal of any member of the public whose conduct impedes
				  the orderly progress of the hearing, or recess the hearing until it may proceed
				  in orderly fashion.
C. The
				  administrative law judge may exclude from the hearing individuals who have not
				  given the Department or MCO advance notice of their intention to attend if the
				  size of the hearing room is too small to accommodate them.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.10 - Benefits During Appeals Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Benefits Pending Outcome of the Hearing.
(1) The Program may terminate or reduce
				  services effective as of the date specified in the notice if the Program timely
				  mails the notice as required under Regulation .03 of this chapter and:
(a) The appellant or the appellant's
				  authorized representative does not timely request a hearing in accordance with
				  Regulation .04 of this chapter; or
(b) The appellant or the appellant's
				  authorized representative withdraws in writing or abandons a request for a fair
				  hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.11 - Applicability of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
If a conflict exists between this chapter and the Rules of
					 Procedure of the Office of Administrative Hearings in COMAR 28.02.01, this
					 chapter shall govern.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.12 - Authorized Representatives

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Definitions.
(1) Authorized representative
				  means an individual or organization acting responsibly on behalf of the
				  applicant or recipient in accordance with §§B, C, D, and E of this
				  regulation, in assisting with an applicant or recipient's application, renewal
				  of eligibility, appeals, and other ongoing communications with the
				  agency.
(2) Signature includes
				  electronic, including telephonically recorded, signatures and handwritten
				  signatures transmitted by facsimile or other electronic
				  transmissions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Appellant"
				  means an individual, an applicant agency, a food vendor, or delegate agency who
				  desires to participate in the WIC Program, who requests a fair hearing for the
				  reasons specified in Regulation .02, of this chapter.
B. "Applicant agency" means a public or
				  private, non-profit health or welfare agency providing or contracting to
				  provide health services, which has filed with the Department all the
				  information required by the Department to apply to participate in the WIC
				  Program.
C. "Delegate agency" means
				  a local agency or organization which, pursuant to contractual agreements with
				  the Department, has accepted responsibilities under the WIC Program as defined
				  by federal program regulations.
D.
				  "Department" means the Department of Health and Mental Hygiene.
E. "Food vendor" means an individual or
				  organization licensed to sell food products, who has, or has applied to have, a
				  contractual agreement with the Department or delegate agency to supply approved
				  foods to program recipients.
F.
				  "Hearing officer" means an impartial official designated by the Secretary of
				  Health and Mental Hygiene to conduct and make administrative decisions in fair
				  hearings. The hearing officer may not have had any prior connection with the
				  action which is the subject of the fair hearing.
G. "Participant" means pregnant women,
				  breastfeeding women, post-partum women, infants, and children who are receiving
				  supplemental foods or food instruments (benefits) under the WIC Program, and
				  the breastfed infants of participant breastfeeding women.
H. "State Agency" means that unit of the
				  Department of Health and Mental Hygiene which is responsible for the
				  administration and operation of the WIC Program in Maryland.
I. "WIC" means the Special Supplemental Food
				  Program for Women, Infants, and Children, a federally funded program authorized
				  under an amendment to the Child Nutrition Act of 1966 ( PL 94-105) to provide
				  supplemental nutritious food as an adjunct to good health care during critical
				  times of growth and development to prevent the occurrence of health
				  problems.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.02 - Opportunity for a Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A request for a fair hearing shall be granted in the
					 following cases:
A. An individual's
				  application for participation in the WIC Program is denied by the Department or
				  delegate agency;
B. An eligible
				  participant is required to pay the cash value of improperly issued benefits, or
				  is denied benefits, suspended or terminated from the WIC Program by the
				  Department or delegate agency;
C.
				  An applicant agency, delegate agency, or food vendor's:
(1) Application to participate in the WIC
				  program is denied by the State or local agency,
(2) Participation in the WIC program is
				  suspended or terminated by the State or local agency,
(3) Participation in the WIC program is
				  affected by any other adverse action by the State or local agency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.03 - Notification of Right to Request a Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written notification of the right to
				  obtain a fair hearing shall be given by the Department or delegate agency to
				  each appellant at each time of application.
B. Written notification of the right to
				  obtain a fair hearing, and the method of obtaining the hearing, shall be given
				  by the Department or delegate agency whenever it notifies an appellant that it
				  intends to recover the cash value of the improperly issued benefits or to deny,
				  suspend, or terminate participation in the WIC Program. If benefits or
				  eligibility for an individual or food vendor are to be denied, suspended, or
				  terminated, written notice shall be mailed or given at least 15 days before the
				  effective date. In the case of a delegate agency, the notice shall be provided
				  60 days in advance of the effective date. This notification is not required at
				  the expiration of a certification period.
C. The notification specified in §B, of
				  this regulation, shall give the appellant the following information:
(1) The reason for the action which may
				  adversely affect him or his benefits;
(2) The matters which are the proper subject
				  of a fair hearing as provided in Regulation .02, of this chapter;
(3) Any positions or arguments on his behalf
				  may be presented personally or by a representative such as a relative, friend,
				  or legal counsel;
(4) The
				  circumstances under which assistance is continued if a fair hearing is
				  requested, as provided in Regulation .02, of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.04 - Request for Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
An appellant, either himself or through a representative,
					 may request a fair hearing by giving a clear statement, oral or written, to any
					 member of the State WIC Staff or delegate agency, that he desires an
					 opportunity to present for review any matter which is the proper subject of a
					 fair hearing as provided in Regulation .02, of this chapter. The statement
					 shall be forwarded immediately to the hearing officer. The State WIC staff or
					 delegate agency to whom a request for a hearing is made shall assist the
					 appellant in submitting and processing the request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.05 - Acknowledgement of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall promptly acknowledge a request for a fair hearing and conduct
				  it within 3 weeks from the date the Department received the request for a
				  hearing.
B. The appellant shall be
				  given notice, in writing, at least 10 days before the date of the fair
				  hearing.
C. The notification
				  specified in §B, of this chapter, shall include the following information:
(1) The date, time, and place of the fair
				  hearing;
(2) His right to be
				  represented by a lawyer or other person of his choice during the fair hearing
				  process;
(3) His right to present
				  witnesses and documents in his behalf at the fair hearing;
(4) A summary of rules for a fair
				  hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.06 - Redesignation of Time and Place for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
If a party notifies the Department that either the time or
					 place designated by the Department is not convenient and requests a different
					 time or place for the fair hearing, the hearing officer shall designate another
					 time or place convenient to the parties, if he considers that the party has
					 sufficient reason for requesting the change. If the appellant is employed
					 during the periods when fair hearings are normally held, the hearing officer
					 shall schedule the hearing so that the appellant will not be required to miss
					 employment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.07 - Period of Time for Requesting Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A request for a fair hearing may not be granted unless it
					 is made within 60 days from the date the notification specified in Regulation
					 .03, of this chapter, is mailed or given to the appellant, or when Regulation
					 .03, of this chapter, does not apply, within 60 days following the conclusion
					 of the action or inaction which is the subject of the appeal.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.08 - Dismissal of Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may dismiss a request for a fair hearing
					 if:
A. It has been withdrawn in
				  writing by the appellant or his representative;
B. The appellant or his representative fails,
				  without good cause, to appear at the scheduled hearing;
C. The appellant or his representative does
				  not respond within 10 days to a Department letter asking whether he wishes to
				  withdraw his request for a fair hearing;
D. The request is not made within the time
				  limits specified in Regulation .07, of this chapter; or
E. The appellant has been denied
				  participation by a previous hearing and cannot provide evidence that
				  circumstances relevant to program eligibility have changed in such a way as to
				  justify a hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.09 - Pre-Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall prepare a hearing summary containing pertinent information
				  respecting the specific action or inaction which is the basis for the appeal.
				  The summary shall be forwarded to the appellant or his representative at least
				  6 days before the hearing date, and shall include notification that the
				  appellant or his representative may examine documents and records to be used at
				  the hearing at the office of the hearing officer, at a reasonable time before
				  the date of hearing.
B. The
				  appellant and the Department may request the names of all witnesses that the
				  other party intends to call at the fair hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.10 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  fair hearing procedures may not be unduly complex or legalistic. The hearing
				  official shall administer oaths or affirmations as required by the State. The
				  appellant, the Department, and the delegate agency shall have the opportunity
				  to present witnesses, documentary evidence, and oral and written argument, and
				  to cross-examine all adverse witnesses. The appellant will have the opportunity
				  to advance arguments without undue interference.
B. If the appellant wishes to call as
				  witnesses employees of the Department or delegate agency whose action or
				  inaction is being contested by the appellant, or whose testimony, in the
				  judgment of the hearing officer, is relevant to the issues under consideration,
				  the hearing officer shall require their presence at the fair hearing, provided
				  that, when the appellant has knowledge of the names or other identifying
				  description of these employees before the fair hearing, he shall supply the
				  hearing officer with the names or other identifying descriptions at least 3
				  days before the fair hearing.
C. If
				  the Department or delegate agency introduces documents as evidence, the
				  appellant shall have the opportunity to examine persons who prepared the
				  documents and to examine the case record or special investigation file for the
				  purpose of discovering information favorable to his case.
D. When the hearing involves medical issues,
				  an additional medical assessment of the appellant's condition shall be obtained
				  and made part of the record if either the hearing officer or the appellant
				  considers it necessary. This additional medical assessment shall be made by a
				  person satisfactory to the appellant other than the person or persons who made
				  the original medical determination, and shall be obtained at the Department's
				  expense.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.11 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A verbatim
				  recording of the fair hearing shall be made. One transcribed copy of the
				  recording shall be supplied to the appellant, at no cost, if the appellant
				  takes a further appeal. The recording, together with all exhibits and papers
				  admitted into evidence, shall constitute the exclusive record for decision.
				  Nonrecorded or confidential information which the appellant does not have an
				  opportunity to hear or see may not be made a part of the hearing record. The
				  written record of the hearing shall be preserved for a period of 3 years and
				  shall be available for examination by the person or his representative at any
				  reasonable time or place during this period.
B. The recording and copies of all exhibits
				  and papers shall remain in the custody of the hearing officer for at least 3
				  years, or until all litigation involving the decision is terminated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.12 - Findings, Conclusions, and Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing officer shall prepare a
				  written summary of findings and conclusions based exclusively on the record,
				  and shall state the policies, regulations, or laws upon which the hearing
				  officer's decision is based. The hearing officer's decision shall become a part
				  of the record.
B. A copy of the
				  findings, conclusions, and decision shall be forwarded to the appellant or his
				  representative no later than 45 days after the date of receipt of the initial
				  request for a fair hearing; except that, if the date of the fair hearing is
				  postponed at the appellant's request, the length of the postponement may not be
				  counted as part of the 45-day period. The hearing officer further shall provide
				  written notice to the appellant or his representative that if he is not
				  satisfied with the decision, he may seek administrative review as provided in
				  Health-General Article, §2-207, Annotated Code of Maryland, and judicial
				  review as provided in Article 41, § 225, Annotated Code of Maryland, or
				  any other provision of law.
C. The
				  decision of the hearing officer shall be final and binding upon the Department
				  and the delegate agency, and shall be implemented immediately unless otherwise
				  specifically indicated in the decision, or unless the appellant takes an appeal
				  as provided in Health-General Article, §2-207, Annotated Code of Maryland.
				  However, if the decision being appealed is in favor of a delegate agency
				  seeking to recover the cash value of improperly issued benefits, the delegate
				  agency shall resume its claim collection efforts during pendency of the appeal.
				  When the decision requires action by the delegate agency, that agency shall
				  notify the Department of compliance compliance with the decision.
D. The hearing officer shall maintain a copy
				  of the decision, with the name of the appellant and witnesses deleted, in a
				  reference file or hearing decisions that will be accessible to the public.
				  Copies of all decisions, either in full text or in summary form, shall be
				  forwarded to the delegate agency and any agency or physician with which it has
				  contracted to fulfill its program responsibilities and is involved in this fair
				  hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.13 - Confidentiality as to Fair Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
If the appellant waives in writing his privilege of
					 confidentiality as to the fair hearings, the hearing officer shall permit
					 members of the public to attend the hearing; however, the hearing officer may
					 cause the removal of any member of the public whose conduct impedes the orderly
					 progress of the hearings, or may recess the hearings until a time when it may
					 proceed in orderly fashion. The hearing officer also may exclude from the
					 hearing persons who have given the Department no advance notice of their
					 intention to attend, if the size of the hearing room is too small to
					 accommodate them.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.14 - Continuation of Benefits or Participation Pending Hearing Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever an
				  individual, applicant agency, delegate agency, or food vendor is notified of a
				  proposed action as provided in Regulation .03, of this chapter, the proposed
				  action may not be taken unless at least one of the following occurs:
(1) A fair hearing is not requested in a
				  timely manner, as provided by Regulation .07, of this chapter;
(2) A request for a fair hearing has been
				  withdrawn in writing by the appellant or a representative;
(3) The appellant or representative fails,
				  without good cause, to appear at the scheduled hearing;
(4) The appellant or representative, after
				  failing to appear at a scheduled hearing, does not respond within 10 days to a
				  departmental letter asking whether the appellant wishes to continue with the
				  appeal;
(5) A decision affirming
				  the proposed action of the Department or delegate agency is made by the hearing
				  officer following a fair hearing;
(6) The Department has made a determination
				  that the request for a fair hearing is not appropriate as provided for by
				  Regulation .02, of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.06 - Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) › Section 10.01.06.15 - Criminal or Civil Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
This fair hearing procedure may not be construed as
					 excluding or replacing any criminal or civil sanctions or other remedies that
					 may be applicable under any federal or State statute or local
					 ordinance.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following words have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of
				  Health and Mental Hygiene.
(2)
				  "Petition" means a petition to promulgate, amend, or repeal a
				  regulation.
(3) "Regulation" has
				  the same meaning as stated in State Government Article, §
											10-101(e),
				  Annotated Code of Maryland.
(4)
				  "Secretary" means the Secretary of Health and Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all petitions submitted to the
					 Department to promulgate, amend, or repeal a regulation over which the
					 Secretary has rulemaking authority.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.03 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition requesting the
					 promulgation, amendment, or repeal of any regulation over which the Secretary
					 has rulemaking authority.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
A petition may be in any written form chosen by the
					 petitioner, and shall include:
A. A
				  detailed description of the regulation which the petitioner requests the
				  Department to promulgate, amend, or repeal;
B. A statement in support of the petition;
				  and
C. The name, address, and
				  telephone number of the petitioner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.05 - Submission

Current through Register Vol. 51, No. 14, July 12, 2024
The petition should be addressed to the Regulations
					 Coordinator, Herbert R. O'Conor Building, 201 West Preston Street, Baltimore,
					 Maryland 21201. Petitions will be considered submitted upon receipt in the
					 office of the Regulations Coordinator.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.06 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
Within 60 days after receipt of a petition, the Secretary
					 shall either deny the petition, stating in writing the reasons for denial, or
					 initiate rulemaking proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.07 - Reasons for Denial of a Petition

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may deny a petition to promulgate, amend, or
					 repeal a regulation, for any reason permitted by law, including, but not
					 limited to:
A. That the Secretary does
				  not have the authority to grant the petition;
B. That the Department does not have adequate
				  information or resources to evaluate the petition;
C. That the Department does not have adequate
				  resources to implement the requested regulation if it is adopted;
D. That the Secretary previously adopted a
				  regulation dealing with the same subject matter as that of the petition and
				  rejected the position taken by petitioner at that time, or the petitioner
				  unreasonably failed to make his position known at that time; or
E. That the requested regulation change is
				  contrary to or inconsistent with Departmental policy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.08 - Rulemaking Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Rulemaking proceedings may include any type of action which the Secretary is
				  authorized or required by law to take when promulgating, amending, or repealing
				  regulations, including:
(1) Studies to gather
				  information concerning the regulation;
(2) Advance notice of proposed rulemaking if
				  the Secretary determines that additional information or public comment is
				  necessary or desirable before a proposed regulation can be
				  formulated;
(3) Referral to
				  advisory councils or other official or quasi-official agencies or groups
				  responsible for reviewing the regulation;
(4) Proposal of the regulation in the
				  Maryland Register;
(5) Reproposal
				  of the regulation if the Secretary determines that, before final adoption, the
				  proposed regulation needs to be altered and that it is substantially different
				  from its original text;
(6)
				  Modification of the regulation change either in form or in substance, and
				  either before or after proposal in the Maryland Register, to better reflect the
				  Secretary's responsibilities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.09 - Notice to the Petitioner and Other Persons

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall send written notice to the petitioner
					 and any other person requesting notification as follows:
A. If the petition is denied, the Secretary
				  shall send written notice of the denial, including the reasons for the denial,
				  within 60 days of receipt of the petition.
B. When the regulation appears in the
				  Maryland Register, the Secretary shall send notice of this event at the time of
				  the appearance in the Maryland Register.
C. When the Secretary finally disposes of the
				  requested regulation by final promulgation, amendment, repeal, or a decision to
				  discontinue the rulemaking, the Secretary shall send notice at this time. If
				  the final disposition is a decision to discontinue the rulemaking, the notice
				  shall include a statement of the reasons for the discontinuance.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.07 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 10.01.07.10 - Files of Petitions for Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall maintain a file of all petitions
					 submitted and their disposition. This file shall be available for public
					 inspection as provided in State Government Article, §§
										10-611 -10-630,
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.08 - Procedures for Access to Records › Section 10.01.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes the procedures for requesting and gaining access to records and
				  information of the Department of Health and Mental Hygiene, its
				  administrations, and its facilities.
B. This chapter does not apply to requests
				  for medical records of individuals, which are governed by Health-General
				  Article, §4-301 et seq., Annotated Code of Maryland, or to requests for
				  drug and alcohol treatment records of individuals, which are governed by
				  Health-General Article, §8-601, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.08 - Procedures for Access to Records › Section 10.01.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means any person or
				  governmental unit requesting disclosure of public records.
(2) "Department" means the Department of
				  Health and Mental Hygiene.
(3)
				  "Official custodian" means the Secretary of Health and Mental Hygiene or the
				  Secretary's designee.
(4)
				  "Secretary" means the Secretary of Health and Mental Hygiene.
(5) "Working day" means every day except
				  Saturdays, Sundays, and official State holidays.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.08 - Procedures for Access to Records › Section 10.01.08.03 - Procedures Regarding Inspection or Copying of a Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. To obtain access to records of the
				  Department, an applicant shall submit to the custodian a written application
				  containing the applicant's name, address, telephone number, if available, and a
				  description of the record sought. If the applicant is an individual with a
				  disability, the Department may arrange for an alternative.
B. Upon receipt of an application, the
				  custodian shall follow the procedures stated in State Government Article,
				  §§
										10-614 -10-619,
				  Annotated Code of Maryland.
C.
				  Response to Requests.
(1) The custodian shall
				  respond to a record request as soon as possible, but not later than 10 business
				  days after the receipt of the request, by:
(a)
				  Providing access to the requested records;
(b) Denying access to the record or parts of
				  the record with an explanation for the denial; or
(c) Advising that additional time is needed
				  because the request:
(i) Is for voluminous
				  records;
(ii) Requires legal
				  advice; or
(iii) A record is in
				  storage or archived.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.08 - Procedures for Access to Records › Section 10.01.08.04 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule.
(1) Copies.
(a) When copies are reproduced using a
				  computer printer or copier machine, the charge for each copy is 50 cents per
				  page.
(b) For duplication of other
				  storage media such as compact disks, magnetic tapes, zip disks, floppy disks,
				  memory cards, microfilm, blueprints, drawings, and similar items the charge for
				  reproduction is the actual cost to the Department.
(c) For preprinted material that is
				  disseminated by the Department to the public, there is no charge or the charge
				  is the same as that charged to the general public.
(d) For records that cannot be copied by the
				  Department and that are copied outside the Department, the charge for
				  reproduction is the actual cost to the Department. In the alternative, the
				  custodian may arrange for the applicant to pay the charges directly to the
				  entity that copies the record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures for appeals of final
					 cost settlements before the Hospital Appeal Board, pursuant to COMAR
					 10.09.92.10,
					 10.09.93.12, and
					 10.09.95.12, and the Nursing Home
					 Appeal Board, pursuant to COMAR 10.09.10.34.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Hospital Appeal Board
				  or the Nursing Home Appeal Board.
(2) "Final cost settlement" means a
				  determination by the Medical Assistance Program of any amounts due to or owed
				  by a participating provider and includes the results of cost verifications and
				  desk reviews.
(3) "Party" means a
				  hospital or nursing home or the Medical Assistance Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.03 - Notice of Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  opportunity for a hearing shall be provided to any hospital or nursing home
				  that requests review of a final cost settlement by filing a written notice of
				  appeals with the Board not later than 30 days after receipt of the notice of
				  final cost settlement. This notice shall be filed in a format prescribed by the
				  Board.
B. The notice of appeal
				  shall be delivered in person to the Board at the address designated by the
				  notice of final cost settlement or shall be sent by registered or certified
				  mail, return receipt requested.
C.
				  The notice of appeal shall describe with specificity the particular cost
				  adjustments appealed by the provider as well as the fiscal years in which those
				  adjustments have been applied.
D.
				  The provider may elect one of the following types of procedures:
(1) The consideration by the Board solely of
				  written material submitted by the provider and the Medical Assistance Program,
				  or its designee, and upon which the Board shall render a decision. The Board
				  may establish time limits within which the material is to be
				  submitted.
(2) The consideration by
				  the Board of written material submitted by the provider and the Medical
				  Assistance Program, or its designee, and brief, informal oral arguments. Each
				  party may submit oral arguments by not more than two persons. Formal testimony,
				  swearing in, or witnesses or recording of proceedings may not take place. The
				  Board shall render a decision based upon the written materials submitted and
				  the oral arguments presented.
(3) A
				  full evidentiary hearing, including a prehearing conference, in accordance with
				  Regulations .04, .05, and .06 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.04 - Prehearing Conference for Evidentiary Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. After receipt of a notice of appeal with
				  an election by the provider of a full evidentiary hearing, the Board shall
				  schedule a prehearing conference.
B. The prehearing conference shall be
				  presided over by a member of the Board or by a person designated by the
				  Board.
C. The prehearing conference
				  may be conducted either in person or by telephone conference call.
D. The presiding officer shall issue a
				  prehearing order after the conference specifying the:
(1) Witnesses that each party intends to
				  call, if any.
(2) Schedule for any
				  briefs of the issues of fact and law involved in the hearing. These briefs
				  shall be in the form and with the number of copies designated by the presiding
				  officer.
(3) Date of the hearing,
				  unless the parties agree to waive an oral hearing.
(4) Order in which the parties shall present
				  their case.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.05 - Conduct of the Evidentiary Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be conducted by the
				  Board, or by a person or agency designated by the Board.
B. The rules of evidence in all hearings
				  shall be those set forth in State Government Article, §§
										10-213 and
				  10-214, Annotated
				  Code of Maryland.
C. Any party may
				  submit evidence, examine and cross-examine witnesses, and file objections,
				  exceptions, and motions. When a party is represented by counsel, all
				  submissions of evidence, examination and cross-examination of witnesses, and
				  filing of objections, exceptions, and motions shall be done and presented
				  solely by counsel.
D. The presiding
				  officer or officers at the hearing may examine any witness called by any party
				  or may call as a witness any persons in attendance at the hearing.
E. Testimony taken at the hearing shall be
				  under oath. The oath shall be in the following form: "Do you solemnly promise
				  and affirm under the penalties of perjury that the testimony you are about to
				  give in this matter now pending before the Board shall be the truth, the whole
				  truth, and nothing but the truth?"
F. If a party fails to appear at the hearing
				  after due notice, the presiding officer or officers at the hearing may
				  reschedule the hearing, or dismiss the appeal, or may proceed to determine the
				  issues appealed on the available record.
G. The presiding officer or officers shall
				  prepare an official record of the hearing which shall include the notice of
				  appeal, the presiding officer or officers' record of the prehearing conference,
				  the prehearing order, a stenographic transcription of any oral evidence
				  presented at the hearing, as well as any pleadings, written testimony,
				  exhibits, and other memoranda or materials filed in the proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.06 - Recommendation to the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  hearing is not conducted before a Board consisting of three members as provided
				  in COMAR 10.09.10.34,
				  10.09.92.10,
				  10.09.93.12, and
				  10.09.95.12, the presiding officer
				  or officers at the hearing shall issue recommendations to the Board on all of
				  the issues appealed in the notice of appeal.
B. The recommendations shall be in writing
				  and shall include findings of fact and conclusions of law.
C. A copy of the recommendations shall be
				  delivered or mailed promptly to each party or his attorney of record.
D. Within 20 days after receipt of the
				  recommendations, any party may file exceptions with the Board from all or a
				  portion of the recommendations and may present argument before the Board as
				  provided in State Government Article, §
										10-216, Annotated
				  Code of Maryland, or waive oral argument and have the Board proceed only on the
				  party's written exceptions. If exceptions to the recommendations are filed
				  beyond the 20 day limit, these exceptions may not be considered by the Board
				  when making its decision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.07 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the hearing
				  was presided over by the full Board, or after consideration by the full Board
				  of the recommendations and exceptions to the recommendations and any argument
				  in support of them, the Board shall issue a decision including findings of fact
				  and conclusions of law on all issues appealed in the notice of
				  appeal.
B. The decision of the
				  Board shall be implemented immediately unless otherwise specifically indicated
				  in the decision.