reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 17 - MARYLAND HEALTH INSURANCE PLAN › Chapter 31.17.03 - Operation and Administration of the Plan › Section 31.17.03.17 - Termination of Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Termination of Plan Coverage for Nonpayment of Premium. A member's coverage automatically terminates at the end of the grace period if a premium is not received before the end of the grace period.
B. Termination of Plan Coverage for Specified Causes.
(1) A member's coverage under the Plan terminates at the end of the month in which any of the following occur:
(a) For a dependent child, other than a child who is unable to self support due to physical or mental incapacity, when the dependent child reaches the limiting age found in the member's certificate of coverage; or
(b) The member ceases to be a resident of the State.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 17 - MARYLAND HEALTH INSURANCE PLAN › Chapter 31.17.03 - Operation and Administration of the Plan › Section 31.17.03.18 - Coordination of Benefits With Other Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
If a member has other health care coverage, the Plan administrator shall coordinate benefits with that other health care coverage in accordance with the terms described in the Plan administrator's contract with the Board.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 17 - MARYLAND HEALTH INSURANCE PLAN › Chapter 31.17.03 - Operation and Administration of the Plan › Section 31.17.03.19 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Plan administrator shall comply with the complaint process for adverse decisions and grievance decisions in Insurance Article, Title 15, Subtitle 10A, Annotated Code of Maryland.
B. The Plan administrator shall comply with the complaint process for coverage decisions in Insurance Article, Title 15, Subtitle 10D, Annotated Code of Maryland.
C. Members and providers shall have the same appeal rights regarding denials under the Plan as found under Insurance Article, Title 15, Subtitles 10A and 10D, Annotated Code of Maryland.
D. Complaints Regarding Eligibility Denials.
(1) An individual shall file any initial complaints regarding an eligibility denial with the Plan administrator.
(2) If the Plan administrator upholds its initial denial regarding an individual's eligibility for Plan coverage, the individual may appeal this denial to the Board or its designee.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 17 - MARYLAND HEALTH INSURANCE PLAN › Chapter 31.17.04 - Senior Prescription Drug Assistance Program (Recodified)

Current through Register Vol. 51, No. 14, July 12, 2024
Authority: Insurance Article, §§
										14-106 and 14-510 -14-515, Annotated Code of Maryland
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations apply to all formal hearings before the Secretary of Aging or a hearing officer designated by the Secretary.
B. These regulations do not apply to or limit the authority of a hearing officer to hold additional conferences or informal proceedings at which no formal ruling or decision is made.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.02 - 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) "Department" means the Department of Aging.
(2) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(3) "Secretary" means the Secretary of Aging.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.03 - Commencement of Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person entitled to request a hearing before the Secretary may do so by filing a written request for a hearing with the Secretary.
B. The request for a hearing shall include:
(1) The name, address, and telephone number of the party filing the request;
(2) The decision, order, action, or inaction which is the subject of the appeal; and
(3) A brief statement of the grounds for appeal to be raised at the hearing.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.04 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Secretary's designee shall send written notice of the hearing, not later than 20 days before the beginning of the hearing, to the party requesting the hearing and any other interested party who is entitled to participate or has been given leave to participate under Regulation .05 of this chapter.
B. The notice of hearing shall specify the:
(1) Date, time, and place of the hearing;
(2) Legal authority and jurisdiction under which the hearing is to be held, including citation to any statute or regulation that is pertinent;
(3) Nature and subject matter of the hearing;
(4) Asserted grounds for appeal to be raised at the hearing;
(5) Name, mailing address, and telephone number of the presiding officer and of each party to whom the notice is sent; and
(6) Name, title, address, and telephone number of any attorney who has been designated to appear for the Secretary at the hearing.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.05 - Parties Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The parties shall consist of:
(1) The party requesting the hearing;
(2) A person entitled as of right to participate as a party; and
(3) A person who applies for and is granted leave to participate as a party upon a satisfactory showing of interest in the matter, including a person admitted as a party for a limited purpose.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.06 - Time and Place for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The hearing shall be:
A. Held within 90 days of the date on which the Secretary receives the request for a hearing, unless by consent of all parties another hearing date is selected;
B. Open to the public, and may not be held at a time or in a place that would unreasonably deter the attendance of members of the public.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.07 - The Presiding Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may, at the Secretary's discretion, appoint a hearing officer to serve as presiding officer at the hearing and prepare proposed findings of fact and proposed conclusions of law.
B. If the Secretary elects not to appoint a hearing officer, then the hearing shall be conducted before the Secretary.
C. Powers of the Presiding Officer. The presiding officer shall have the authority and duty to conduct a full, fair, and impartial hearing, to take action to avoid unnecessary delay in the resolution of the case, and to maintain order. Specifically, but without limitation, the presiding officer shall have the power to:
(1) Regulate the course of the hearing, the scope of the issues, and the conduct of the parties and their counsel;
(2) Administer oaths and affirmations;
(3) Admit evidence and rule on the admissibility of evidence;
(4) Consider and decide all procedural, preliminary, and other motions, including applications for leave to participate under Regulation .05A(3) of this chapter;
(5) Examine witnesses and call witnesses not otherwise called by the parties;
(6) Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;
(7) Require parties to submit prehearing or posthearing briefs, proposed findings of fact, proposed conclusions of law, and stipulations;
(8) Adjourn or recess the hearing from time to time, and grant continuances for good cause shown;
(9) Determine whether a prehearing conference should be held, and, if so, preside at the prehearing conference; and
(10) Make decisions and take any other appropriate actions authorized by law.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.08 - Prehearing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery and Disclosure.
(1) Although parties are not entitled to compel discovery, they are encouraged to cooperate as much as possible in complying with good-faith requests for informal discovery.
(2) A party shall have the right to review at reasonable hours and locations and to copy at its own expense any document that is accessible under the Maryland Access to Public Records Act, State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland.
(3) If required by the presiding officer, each party shall produce and make available to all other parties and to the presiding officer, in advance of the hearing, a copy of each document that the party intends to offer into evidence, and a list of all witnesses who will testify at the hearing for that party. The presiding officer may prohibit the introduction of any documentary or testimonial evidence not disclosed before the hearing as provided in this section.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.09 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Rights of the Parties. Each party shall be entitled at the hearing to:
(1) Call witnesses;
(2) Offer evidence, including rebuttal evidence;
(3) Cross-examine opposing witnesses; and
(4) Present summation and argument.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.10 - Posthearing Submissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer may require the parties to submit posthearing briefs, and may also require the submission of proposed findings of fact and proposed conclusions of law.
B. The presiding officer, by appropriate order, may:
(1) Establish a schedule for the filing of posthearing submissions;
(2) Require the parties to address specified issues; and
(3) Establish page limitations or other restrictions on the scope of posthearing submissions.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.11 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Generally. Each case shall be decided on the basis of credible evidence, exclusively on the record, and according to the applicable burdens of proof.
B. Cases Tried Before a Hearing Officer.
(1) As soon as practicable after the conclusion of the hearing and, if required, the filing of posthearing submissions, the hearing officer shall submit to the parties and the Secretary a written report consisting of proposed findings of fact, proposed conclusions of law, and a recommended decision or remedy.
(2) Each party shall have 20 days from the date of receipt of the hearing officer's report in which to file written exceptions with the Secretary. Copies of exceptions shall be served by first-class mail or hand-delivered on all other parties, who shall then have 10 days from the date of receipt to file, and serve on all parties in the manner specified in the preceding sentence, written comments on the exceptions. These time limitations may not be extended except with the approval of the Secretary.
(3) If a party files exceptions, the Secretary shall set a time for the presentation of oral argument by a party that wishes to be heard. The Secretary shall notify all parties of the date, time, and place of oral argument. At the Secretary's discretion, the Secretary may limit the time given to each party to present oral argument.
(4) After hearing oral argument and considering the record as appropriate, the Secretary shall:
(a) Adopt the hearing officer's report as the final decision of the agency;
(b) Modify the hearing officer's proposed findings of fact, proposed conclusions of law, or proposed decision or remedy, in whole or in part, and then adopt the report with modifications as the final decision of the agency; or
(c) Remand the matter to the hearing officer for further proceedings.
(5) The decision of the Secretary shall be communicated in writing to all parties. The Secretary's decision shall include a specific ruling on each exception. It shall also include a short and plain statement of the available procedures and time limitations for seeking judicial review. Unless the matter is remanded for further proceedings, the date of the written decision shall be the date of the final decision of the agency.
(6) The Secretary may not entertain motions for reconsideration or applications for stay pending judicial appeal.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.01 - Procedures for Hearings before the Secretary › Section 32.01.01.12 - Ex Parte Communication

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer may not communicate, directly or indirectly, with any party or person who has an interest or is otherwise involved in the hearing, including employees of the Department, without giving notice to all parties and an opportunity, if appropriate, to participate. The same prohibition shall apply to the Secretary, except that the Secretary may not be prohibited from communicating with counsel concerning a case pending before the Secretary.
B. A party or a party's representative may not communicate directly with a presiding officer or Secretary concerning a pending case except by:
(1) Written communication submitted to the hearing officer and served on the other parties or their representatives; or
(2) Oral communication with the hearing officer in the presence of all other parties or their representatives.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with the Department of Aging for the inspection and copying of records under the Public Information Act, State Government Article, §§
									10-611 -10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information. These regulations also protect the confidentiality of certain information collected from program participants in the conduct of the Department's responsibilities, in accordance with 45 CFR §
										1321.51.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspections.
(1) Except as otherwise provided in this chapter, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if:
(a) The custodian reasonably believes that the Act of any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request; or
(b) The requested record contains sociological information.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the applicant's name and address;
B. Be signed by the applicant; and
C. Reasonably identify by brief description the record sought.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.06 - Filing Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.07 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when this period of time is needed to retrieve the information.
B. If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial.
C. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D. With the consent of the applicant, any time limit imposed by this regulation may be extended for an additional period not to exceed 30 days.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.08 - Notification of Persons Who May be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the custodian should notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.11 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Director, and the hearing shall be governed by State Government Article, §§
									10-205 -10-214, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.
C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.12 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.13 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department, or an area agency on aging which collects sociological information as directed by the Department, may not disclose any part of a public record containing sociological information to an applicant, except that sociological information may be disclosed:
(1) To public employees in the performance of their public duties, including authorized federal, State, or local agencies for monitoring of programs initiated pursuant to the Older American Act, 42 U.S.C. §§
											3001- 3058ee;
(2) To an authorized agent or employee assisting a public employee in the performance of public duties;
(3) To the person in interest;
(4) With the consent of the person in interest;
(5) Pursuant to a court order; or
(6) If disclosure is otherwise required by law.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.14 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule for copying and certifying copies of records is as follows:
(1) Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the fee for copies shall be based on the actual cost of reproduction.
(2) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.
(3) Minimum Fee Charged. A charge may not be made if the total amount of the fee is $1 or less.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.15 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.02 - Public Information Act Requests › Section 32.01.02.16 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.03 - Open Meetings-Attendance, Recording, Photographing, and Broadcasting of Sessions › Section 32.01.03.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Public body" means the entity defined in State Government Article, §10-502(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.03 - Open Meetings-Attendance, Recording, Photographing, and Broadcasting of Sessions › Section 32.01.03.02 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any open session of a public body of the Department of Aging, the general public is invited to attend and observe.
B. Except in instances when a public body of the Department on Aging expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.03 - Open Meetings-Attendance, Recording, Photographing, and Broadcasting of Sessions › Section 32.01.03.03 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition. An individual attending an open session of a public body of the Department of Aging may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.
B. Action to Restore Order. The presiding officer may:
(1) Order an individual who persists in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of the open session, to be removed from the session;
(2) Request police assistance to restore order; and
(3) Recess the session while order is restored.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.03 - Open Meetings-Attendance, Recording, Photographing, and Broadcasting of Sessions › Section 32.01.03.04 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the public, including a representative of the news media, may record discussions of a public body of the Department of Aging at an open session by means of a tape recorder or any other recording device, if the:
(1) Device does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2) Device does not otherwise interfere with an individual's observation of or participation in the session; and
(3) Recording is done openly so that it is obvious to those in attendance that the session is being recorded.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.03 - Open Meetings-Attendance, Recording, Photographing, and Broadcasting of Sessions › Section 32.01.03.05 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the public or any transcript derived from this recording is not considered a part of the record of any proceeding of a public body of the Department of Aging.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.04 - Declaratory Ruling › Section 32.01.04.01 - 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) "Declaratory ruling" means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.
(2) "Department" means the Department of Aging.
(3) "Person" means:
(a) An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;
(b) A partnership, firm, association, corporation, or other entity; or
(c) A political subdivision of the State or an instrumentality of a political subdivision.
(4) "Promulgating authority" means the promulgating authority's designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§
										10-101 -10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§
										10-201 -10-226, Annotated Code of Maryland.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.04 - Declaratory Ruling › Section 32.01.04.02 - Petition for Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may file with the promulgating authority a petition for a declaratory ruling.
B. The petition for a declaratory ruling shall be filed in writing and shall describe in detail:
(1) The interest of the petitioner in making the request;
(2) The issues involved;
(3) A detailed statement of the facts;
(4) A list of documents or statements the petitioner believes should be considered; and
(5) A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person's knowledge and belief.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.04 - Declaratory Ruling › Section 32.01.04.03 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The promulgating authority:
(1) Shall consider the petition and may issue the declaratory ruling requested; and
(2) Shall notify the petitioner in writing of the action decided upon and state the reasons for the decision.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 01 - PROCEDURAL REGULATIONS › Chapter 32.01.04 - Declaratory Ruling › Section 32.01.04.04 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A declaratory ruling is subject to judicial review as provided in State Government Article, §
									10-305, Annotated Code of Maryland.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.02 - General Requirements to Offer Continuing Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may not offer continuing care, enter into or renew an agreement for continuing care, begin construction for a new facility, or collect deposits for continuing care without having secured the necessary feasibility study approval or certificate of registration from the Department.
B. Submissions.
(1) The submissions described in this section shall be filed with and approved by the Department.
(2) Statement of Intent. Any person that intends to offer continuing care agreements for new units or to file a feasibility study under Regulation .05 of this chapter shall file a statement of intent with the Department at least 30 days before submission of the feasibility study.
(3) Application for Approval of Feasibility Study. A provider shall obtain approval by the Department of a feasibility study before a provider may collect deposits or enter into deposit agreements for new units. Deposits for new units collected after the feasibility study has been approved shall be maintained in an escrow account held in Maryland in a federally insured depository under an escrow agreement approved by the Department.
(4) Application for Preliminary Certificate. A preliminary certificate of registration is required before a provider may offer or enter into continuing care agreements for any new units.
(5) Application for Initial Certificate. An initial certificate of registration is required before a provider may operate a facility offering continuing care.
(6) Request for Approval to Use Deposits. A provider may not use deposits collected from subscribers for new units until:
(a) The Department has issued the provider an initial certificate of registration for any new units;
(b) Construction of the new units has been completed;
(c) A certificate of occupancy or equivalent has been obtained from the appropriate local jurisdiction; and
(d) Appropriate licenses or certificates required by MHCC, DHMH, and the Department have been issued.
(7) Application for Renewal of Certificate of Registration. A current certificate of registration is required to continue to operate or maintain a facility offering continuing care.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.03 - Preliminary Certificate of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Process to Obtain a Preliminary Certificate of Registration. A person shall file a:
(1) Statement of intent under Regulation .04 of this chapter;
(2) A feasibility study under Regulation .05 of this chapter; and
(3) An application under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.04 - Statement of Intent to Apply for a Preliminary Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Statement of Intent. Any person that intends to offer continuing care agreements for new units or to file a feasibility study under Regulation .05 of this chapter shall file a statement of intent with the Department at least 30 days before submission of a feasibility study. If a feasibility study is not filed by the provider within 60 days after the statement of intent is filed, a new statement of intent shall be filed with the Department at least 30 days before submission of a feasibility study.
B. Contents. A statement of intent shall contain, at a minimum, the following information:
(1) The name of both the provider and the proposed facility;
(2) Whether entrance fees will be refundable or nonrefundable;
(3) The types of agreements proposed, such as extensive, modified, or fee-for-service;
(4) The number of proposed units by type, such as independent living, assisted living, and comprehensive care;
(5) Whether the provider is proposed to be for-profit or nonprofit;
(6) The name of the management company, if any, that will operate the facility;
(7) If applicable, the name of the:
(a) Development company proposing to develop the facility;
(b) Marketing consultant;
(c) Provider's attorney; and
(d) Preparer of the feasibility study, along with the preparer's qualifications;
(8) A statement indicating whether any proposed comprehensive care beds will need a new certificate of need or a new exemption from the certificate of need requirements of MHCC; and
(9) Any further information the Department requires.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.06 - Application for a Preliminary Certificate of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application. An application for a preliminary certificate of registration shall include the information described in this regulation.
B. The names and addresses of the following shall be included:
(1) The facility;
(2) The provider;
(3) Any affiliate, parent, or subsidiary person or business entity; and
(4) The chief executive officer of the provider, the facility, and each affiliate, parent, or subsidiary person or business entity.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.08 - Advertising Before an Initial Certificate of Registration Has Been Issued

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a provider that has submitted a feasibility study desires to advertise a continuing care community before an initial certificate of registration has been issued, the provider shall submit that advertising so it is received by the Department at least 3 working days before the advertising is to be aired, distributed, or otherwise used. The envelope or package in which the submission is delivered shall indicate in prominent type that the contents are proposed advertising materials for a community that does not have an initial certificate of registration.
B. The Department shall determine within 3 working days of the receipt of the advertising whether it is deceptive, misleading, or likely to mislead. If the Department determines that the advertising is deceptive, misleading, or likely to mislead and should not be used, then the Department shall notify the provider that submitted the advertising materials of its determination. This notice shall be in writing, include the rationale for the determination, and be delivered before the close of business of the third working day after the day upon which the advertising was received for review. The notice may be delivered by facsimile.
C. If the provider has not received the notice by 5 p.m. on the third working day following receipt of the advertising by the Department, the provider may use the advertising. The lack of notification by the Department does not mean the Department has determined that the advertising is not deceptive, misleading, or likely to mislead.
D. If a provider is notified that the Department has determined that the advertising, or some part of the advertising, is deceptive, misleading, or likely to mislead, the provider may appeal that determination under Regulation .36 of this chapter. An appeal shall be processed on an accelerated basis if the provider so desires.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.09 - Application for an Initial Certificate of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall file an application for an initial certificate of registration on a form provided by the Department.
B. The application shall include verification that:
(1) All licenses and certificates required as of the date of the application from DHMH, MHCC, and the Department for the new units have been issued;
(2) Agreements have been executed for at least 65 percent of the independent living units and at least 10 percent of the total entrance fees for each contracted unit has been collected;
(3) The provider has received a written commitment for permanent long-term financing; and
(4) Closing on construction financing has taken place.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.10 - Action of Department on Application for an Initial Certificate of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall issue an initial certificate of registration when it determines that all of the following conditions have been met:
(1) The provider has been issued a preliminary certificate of registration;
(2) The provider has received all licenses and certifications and letters of exemption required as of that date from DHMH, MHCC, and the Department;
(3) The provider has submitted documentation which demonstrates to the satisfaction of the Department that:
(a) Agreements have been executed for at least 65 percent of the independent living units, and
(b) At least 10 percent of the total entrance fee has been paid as a deposit for each unit for which an agreement has been executed;
(4) The provider has submitted documentation to the satisfaction of the Department that there is a commitment for permanent long-term financing;
(5) The provider has submitted documentation which demonstrates to the satisfaction of the Department that closing on construction financing has taken place; and
(6) The form and substance of all advertising and other promotional materials filed are not deceptive, misleading, or likely to mislead.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.11 - Request for Approval to Use Deposits

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the issuance of an initial certificate of registration for any new units, the provider may submit to the Department a request for permission to use deposits.
B. The request shall include verification that:
(1) Construction of the proposed project has been completed as evidenced by a certificate of substantial completion; and
(2) The provider has been issued:
(a) A certificate of occupancy, or the equivalent, by the appropriate local jurisdiction, and
(b) The appropriate licenses or certificates required by DHMH, MHCC, and the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.12 - Action of the Department on Request for Approval to Use Deposits

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall issue a written approval to the provider permitting withdrawal of deposits from escrow for use by the provider when the Department determines that the provider has met the following requirements:
A. Construction of the proposed project has been completed as evidenced by a certificate of substantial completion;
B. A certificate of occupancy, or its equivalent, has been issued by the appropriate local jurisdiction;
C. An initial certificate of registration has been issued for any new units; and
D. Appropriate licenses or certificates required by DHMH, MHCC, and the Department have been issued.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.01 - Certificate of Registration for Continuing Care Facilities and Providers › Section 32.02.01.13 - Application for Renewal Certificate of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall file an application for a renewal certificate of registration within 120 days of the end of the provider's fiscal year on a form provided by the Department.
B. A renewal certificate of registration shall be issued for 1 year, which is in effect from 6 months after the end of the provider's most recent fiscal year to 6 months after the close of the provider's current fiscal year.
C. The application fee for a renewal certificate of registration shall include the following information and attachments:
(1) Any changes or additions to the information submitted on the most recent application;
(2) An original certified financial statement for the preceding fiscal year prepared in accordance with generally accepted accounting principles, which include the principles expressed in the American Institute of Certified Public Accounts' "Audit and Accounting Guide for Health Care Organizations";
(3) All exhibits or attachments to the certified financial statements, including:
(a) A balance sheet,
(b) An income statement,
(c) A statement of cash flows,
(d) The related notes to the financial statements, and
(e) The opinion of an independent certified public accountant;
(4) An operating budget for the current fiscal year prepared in accordance with generally accepted accounting principles;
(5) A projection of the number of subscribers who will require nursing home care and an estimate of the life expectancy of future subscribers;
(6) A projected operating budget for the next succeeding fiscal year prepared in accordance with generally accepted accounting principals;
(7) An actuarial study which meets the requirements of §E of this regulation;
(8) A report specifying:
(a) The total current number of units,
(b) Whether each unit is occupied or unoccupied, and
(c) Changes in unit configurations proposed for the succeeding year;
(9) A copy of each current license and certificate required to be issued by DHMH or the Department;
(10) A copy of the provider's most recent certificate of need or exemption letter from MHCC;
(11) The form and substance of any advertising campaign or proposed advertisement and other promotional materials not previously filed with the Department;
(12) A renewal fee of $25 per unit;
(13) A cash flow projection for the current fiscal year and the next 2 fiscal years prepared in accordance with generally accepted accounting principles;
(14) A statement that provides the dates of the meetings held the previous year to comply with Regulation .19 of this chapter;
(15) A copy of the disclosure statement prepared in accordance with Regulation .21 of this chapter; and
(16) A statement that indicates compliance with the operating reserve requirement in Regulation .20 of this chapter.