1. A. A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request from the Secretary an exemption from the self-referral laws.

2. B. In order for a health care practitioner to obtain an exemption by the Secretary from the self-referral laws, the health care practitioner shall make a request to the Secretary in the manner specified by the Department that:

   1. (1) Identifies the street address, political subdivision, and area of concentration of both the health care practitioner and the entity in which the practitioner has or wishes to have a beneficial interest;

   2. (2) Demonstrates to the Secretary's satisfaction that the health care practitioner's beneficial interest is:

      1. (a) Essential to finance and to provide the health care entity; and
      2. (b) Needed to ensure appropriate access for the community to the services provided at the health care entity;
   3. (3) States when the services are proposed to begin;

   4. (4) Provides the health care practitioner’s:

      1. (a) Name;
      2. (b) Licensing board;
      3. (c) License number;
      4. (d) License expiration date;
      5. (e) Business address; and
      6. (f) Business telephone number;

   5. (5) Includes an attestation in writing that, if the health care practitioner seeks renewal of an exemption from the Secretary and the Secretary no longer deems the beneficial interest to be essential, the practitioner shall:

      1. (a) Immediately cease accepting any referrals from sources prohibited under Health Occupations Article, §1-301 et seq., Annotated Code of Maryland; or
      2. (b) Divest the practitioner's beneficial interest in the entity within 1 year after the exemption is no longer applicable.

3. C. Request to MHCC.

   1. (1) The Secretary shall request, in writing, the advice of the Executive Director of the MHCC concerning whether the beneficial interest is needed to ensure appropriate access for the community to the services provided at the health care entity.
   2. (2) The Secretary shall provide, with the request to the Executive Director of the MHCC, a copy of any materials submitted to the Department in accordance with §B of this regulation and any additional items which may be pertinent to the MHCC’s review.
   3. (3) The Secretary shall follow the timetable set forth in Regulation .06 of this chapter.
4. D. The Executive Director of the MHCC shall advise the Secretary in accordance with the timetable in Regulation .06 of this chapter as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity.

5. E. If additional information is needed by the Secretary or the Executive Director of MHCC for their determination, the Department may ask the health care practitioner to provide additional information to establish that the practitioner’s beneficial interest is:

   1. (1) Essential to finance and to provide the health care entity; and
   2. (2) Needed to ensure appropriate access for the community to the services provided at the health care entity.

Authority: Health-General Article, §2-104(b); Health Occupations Article, §1-301 et seq., Annotated Code of Maryland

Effective date: June 25, 2001 (28:12 Md. R. 1106)

Regulation .02B amended effective March 30, 2026 (53:6 Md. R. 290)

Regulation .03B amended effective March 30, 2026 (53:6 Md. R. 290)

Regulation .05 amended effective March 30, 2026 (53:6 Md. R. 290)

Regulation .06 amended effective March 30, 2026 (53:6 Md. R. 290)

Regulation .07 amended effective March 30, 2026 (53:6 Md. R. 290)