1. A. If the Department determines that a provider, any agent or employee of a provider, or any person with an ownership interest in the provider, has failed to comply with all applicable federal or State laws or regulations, the Department may initiate one or more of the following actions against the responsible party:

   1. (1) Recovery of overpayments as specified in Regulation .07 of this chapter;
   2. (2) Withholding part or all of the payment by the Program;
   3. (3) Suspension from the Program;
   4. (4) Permanent removal from the Program;
   5. (5) Disqualification from future participation in the Program, either as a provider or as a person providing services for which Program payment will be claimed.
2. B. If the Secretary of Health and Human Services suspends or removes the provider from participation in Medicare, the Department will take similar action.

3. C. The Department shall give to the provider reasonable written notice of its intention to impose sanctions. In the notice, the Department shall:

   1. (1) Establish the:

      1. (a) Effective date of the proposed action; and
      2. (b) Reasons for the proposed action; and
   2. (2) Advise the provider of the right to appeal.

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Effective date: December 2, 1985 (12:24 Md. R. 2348)

Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 201)

Regulations .02 and .03 amended as an emergency provision effective September 16, 1992 (19:20 Md. R. 1812); amended permanently effective January 1, 1993 (19:25 Md. R. 2205)

Regulation .03B amended effective February 17, 2014 (41:3 Md. R. 201)

Regulation .04B amended effective February 17, 2014 (41:3 Md. R. 201)

Regulation .05 amended effective February 17, 2014 (41:3 Md. R. 201)

Regulation .07 amended effective February 17, 2014 (41:3 Md. R. 201)

Regulation .07G amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .07J amended as an emergency provision effective January 28, 1991 (18:3 Md. R. 301); emergency status expired April 8, 1991 (18:9 Md. R. 1004)

Regulation .07J amended as an emergency provision effective April 9, 1991 (18:9 Md. R. 1005); amended permanently effective October 7, 1991 (18:18 Md. R. 2004)

Regulation .09C adopted effective January 24, 2011 (38:2 Md. R. 84)

Regulation .10 amended effective January 24, 2011 (38:2 Md. R. 84)

Chapter revised effective March 26, 2018 (45:6 Md. R. 319)