Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.15 - Decision and Opinions of the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
The decision and the opinions of the Commission shall be
					 based solely on the testimony, examination, and evidence presented at the
					 public hearing, on the briefs filed, if any, on the evidence incorporated into
					 the record of the proceeding by reference, on information and data in the
					 record of the proceeding, and on matters as to which the Commission has taken
					 official notice, which matters shall be made known to the parties to the
					 proceedings.
B. The deliberations of
				  the Commission may be held in private executive session.
C. The decision shall be made by a majority
				  of the Commission members attending all sessions of the public hearing, or
				  having read the record of hearings they did not attend.
D. The decision shall be in writing and shall
				  be based on a written majority or unanimous opinion stating the reasons and
				  grounds for the Commission's decision. If a majority of Commissioners who are
				  to render the final decision have not heard the evidence, the decision, if
				  adverse to a party to the proceeding other than the Commission itself, may not
				  be made until a proposal for decision, including findings of fact and
				  conclusions of law, has been served upon the parties, and an opportunity has
				  been afforded to each party adversely affected to file exceptions and present
				  argument to a majority of the Commissioners who are to render the decision, who
				  shall personally consider the whole record or those portions of it as may be
				  cited by the parties.
E. At the
				  discretion of a Commission member (or members) who agrees with the decision
				  reached by the majority of the Commission, but who does not agree with the
				  majority opinion, or any part of it, the Commission member (or members) may
				  file a written concurring opinion.
F. A commission member (or members) who does
				  not agree with the decision or any part of it reached by the majority of the
				  Commission may, at his discretion, file a written dissenting opinion.
G. The Commission's decision and the opinion
				  (or opinions) shall be filed promptly and the Commission's staff then shall
				  forward copies of the Commission's decision and the opinion (or opinions) to
				  the hospital, to the designated interested parties, and to those parties who
				  submitted written direct testimony before the public hearing.
H. The Commission shall then publish:
(1) An order approving, modifying, or
				  disapproving the rates under review in the proceeding:
(2) A notice that copies of the Commission's
				  decision and the opinion (or opinions) may be obtained by written request to
				  the Commission offices; and
(3) A
				  notice that the record of the complete proceeding is open for public inspection
				  at the Commission offices during regular business hours.