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

   1. (1) Be in compliance with all applicable federal and State laws and regulations;
   2. (2) File an application as required and provided by the Department; and
   3. (3) Submit a written description of its quality assurance program as required by Regulation .16 of this chapter.

2. B. In addition to meeting all of the requirements of Regulation .03A and F of this chapter, the applicant or licensee shall submit a nonrefundable fee of $1,500 with an application for:

   1. (1) An initial license; or
   2. (2) A license renewal.

3. C. 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;
   2. (2) Approve the application conditionally; or

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

      1. (a) Has been found liable for or has been convicted of:

         1. (i) Fraud or 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.

4. D. Denial of License for Prior Revocation or Consent to Surrender License.

   1. (1) The Secretary may deny a license to:

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

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

      2. (b) An individual applicant:

         1. (i) Whose conduct caused the revocation of a prior license; or
         2. (ii) Who held a position as owner, director, or officer in a corporate entity which had its license revoked; or
      3. (c) An individual or corporate applicant that has consented to surrender a license as a result of a license revocation action.
   2. (2) The Secretary shall also consider the factors identified in Regulation .19B of this chapter when deciding whether to deny a license.
5. E. 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 .20 of this chapter.

6. F. Renewal of License.

   1. (1) At least 60 days before a license expires, the licensee shall submit to the Secretary:

      1. (a) A renewal application; and
      2. (b) The fee as specified in §B of this regulation.
   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, §20-209, Annotated Code of Maryland

Effective date: July 23, 2012 (39:14 Md. R. 835)