1. A. A person desiring to operate a facility shall:

   1. (1) Be in compliance with all applicable federal, State, and local laws and regulations;
   2. (2) File an application on a written or electronic form provided by the Department;
   3. (3) Submit documentation that the Maryland Health Resources Planning Commission has determined that the facility either received a certificate of need or is exempt from certificate of need requirements; and
   4. (4) Submit a written description of its quality assurance program as required by Regulation .08 of this chapter.
2. B. An officer of a corporation or association shall apply for a license on behalf of the entity. The owner shall apply on behalf of a sole proprietorship. An applicant shall submit the names of the entity's board members, owners, and investors having at least 2 percent ownership.
3. C. An authorized individual of a government unit or agency shall apply for a license on behalf of the government unit or agency.

4. D. For an existing Medicare-certified facility, the Department shall issue a license within 90 days of receiving:

   1. (1) A license application;
   2. (2) The license fee; and
   3. (3) Evidence of compliance with applicable regulations.

5. E. Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:

   1. (1) Approve the application unconditionally if the applicant complies with all requirements of this chapter;
   2. (2) Approve the application conditionally; or

   3. (3) Deny the application if the applicant:

      1. (a) Has been convicted of:

         1. (i) A felony that relates to Medicaid or Medicare, or
         2. (ii) A crime involving moral turpitude; or
      2. (b) Does not comply with the requirements of this chapter.

6. F. Denial of License for Prior Revocation or Consent to Surrender License. The Secretary may deny a license to:

   1. (1) A corporate applicant if the corporate entity has an owner, director, or officer:

      1. (a) Whose conduct caused the revocation of a prior license, or
      2. (b) Who held the same or similar position in another corporate entity which had its license revoked;

   2. (2) An individual applicant:

      1. (a) Whose conduct caused the revocation of a prior license, or
      2. (b) Who held a position as owner, director, or officer in a corporate entity which had its license revoked; or
   3. (3) An individual or corporate applicant that has consented to surrender a license as a result of a license revocation action.
7. G. The Secretary shall also consider the factors identified in Regulation .15D of this chapter when deciding whether to deny a license.
8. H. A person aggrieved by a decision of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .16 of this chapter.

9. I. Renewal of License.

   1. (1) At least 60 days before a license expires, the licensee shall submit a renewal application to the Secretary on a written or electronic form provided by the Department.
   2. (2) The Secretary shall renew the license for an additional 3-year period for a licensee that meets the requirements of this chapter.

Authority: Health-General Article, §19-3B-01 et seq., Annotated Code of Maryland

Effective date: August 23, 1999 (26:17 Md. R. 1322)

Regulation .02B amended effective April 16, 2012 (39:7 Md. R. 491)

Regulation .04A, I amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .05A amended effective March 14, 2016 (43:5 Md. R. 385)

Regulation .08 amended effective April 16, 2012 (39:7 Md. R. 491)

Regulation .08C amended effective February 27, 2017 (44:4 Md. R. 252)