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

   1. (1) Suspension from the Program;
   2. (2) Withholding of payment by the Program;
   3. (3) Removal from the Program;
   4. (4) 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 a provider from participation in Medicare, the Department will take similar action.
3. C. A provider who voluntarily withdraws from the Program or is removed or suspended from the Program according to this regulation shall notify recipients that it no longer honors Medical Assistance cards before it renders additional services.

4. D. The Department shall give to the provider reasonable written notice of the Department’s 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:

Regulations .01—.11 adopted as an emergency provision effective July 1, 1986 (13:13 Md. R. 1474); adopted permanently effective December 1, 1986 (13:24 Md. R. 2559)

Regulation .01 amended as an emergency provision effective July 1, 1997 (24:16 Md. R. 1150); amended permanently effective December 29, 1997 (24:26 Md. R. 1758)

Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 571); April 4, 2022 (49:7 Md. R. 465)

Regulation .03 amended effective February 6, 1989 (16:2 Md. R. 159)

Regulations .03—.06 amended as an emergency provision effective July 1, 1997 (24:16 Md. R. 1150); amended permanently effective December 29, 1997 (24:26 Md. R. 1758)

Regulations .03, .04, .07 amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1383); amended permanently effective November 1, 1992 (19:21 Md. R. 1891)

Regulation .04E amended effective April 4, 2022 (49:7 Md. R. 465)

Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 571)

Regulation .06C amended effective April 4, 2022 (49:7 Md. R. 465)

Regulation .07A amended effective February 6, 1989 (16:2 Md. R. 159)

Regulation .07A amended as an emergency provision effective November 17, 1995 (22:25 Md. R. 1958); adopted permanently effective April 8, 1996 (23:7 Md. R. 552)

Regulation .07A amended effective February 12, 2007 (34:3 Md. R. 298); April 5, 2010 (37:7 Md. R. 571); July 4, 2016 (43:13 Md. R. 712); April 4, 2022 (49:7 Md. R. 465); August 7, 2023 (50:15 Md. R. 682)

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

Regulation .07H 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 .07H 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 .09D adopted effective January 24, 2011 (38:2 Md. R. 84)

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

Regulations .12—.14 adopted effective November 23, 1992 (19:23 Md. R. 2041)

Regulations .12B and .13 amended as an emergency provision effective November 17, 1995 (22:25 Md. R. 1958); adopted permanently effective April 8, 1996 (23:7 Md. R. 552)

Regulation .13B, C amended effective February 12, 2007 (34:3 Md. R. 298)

Regulation .15 adopted effective February 12, 2007 (34:3 Md. R. 298)