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

Current through Register Vol. 51, No. 14, July 12, 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.