1. A. From the decisions set forth in §B(1)—(8) of this regulation, an MCO may exercise the appeal rights set forth in §C of this regulation.

2. B. The following Department decisions are appealable by the MCO or MCO applicant:

   1. (1) Denial of an entity’s completed application to become an MCO;
   2. (2) Decision to terminate the MCO's participation in the Maryland Medicaid Managed Care Program;
   3. (3) Decision to impose a fine valued at $50,000 or more on the MCO as described in Regulation .01 of this chapter;
   4. (4) Order that the MCO is impaired or in “hazardous financial condition”;
   5. (5) An adverse decision by the IRO as described in COMAR 10.67.13.08;
   6. (6) The denial of a hepatitis C payment as described in COMAR 10.67.04.19;
   7. (7) Overpayments recovered by the Department as described in COMAR 10.67.07.01; and
   8. (8) Remittances to the Department as described in COMAR 10.67.04.19-5.
3. C. An MCO may appeal a decision listed in §B of this regulation to the Office of Administrative Hearings as specified in COMAR 10.01.03 and COMAR 10.09.36.09.
4. D. The parties to an appeal to the Office of Administrative Hearings under §C of this regulation are the Department and the MCO. The enrollee is not a party at this hearing.

5. E. The following sanctions shall take effect immediately and are not subject to stay during the pendency of an appeal:

   1. (1) Any fines imposed;
   2. (2) Any full or partial withhold of the capitation payment;
   3. (3) Any remittances to the Department as described in COMAR 10.67.04.19-5; or
   4. (4) Any overpayments recovered by the Department as described in COMAR 10.67.07.01.

Authority: Health-General Article, §15-103(b)(9), Annotated Code of Maryland

Effective date:

Regulations .01 and .02 adopted as an emergency provision effective November 8, 1996 (23:25 Md. R. 1730); adopted permanently effective March 10, 1997 (24:5 Md. R. 408)

Regulation .01A amended effective June 30, 2008 (35:13 Md. R. 1180); December 31, 2018 (45:26 Md. R. 1244)

Regulation .01B amended effective June 30, 2008 (35:13 Md. R. 1180)

Regulation .01B amended as an emergency provision effective July 1, 2003 (30:21 Md. R. 1527); amended permanently effective November 10, 2003 (30:22 Md. R. 1580)

Regulation .01C repealed effective December 31, 2018 (45:26 Md. R. 1244)

Regulation .01-1 adopted as an emergency provision effective July 1, 2003 (30:21 Md. R. 1527); adopted permanently effective November 10, 2003 (30:22 Md. R. 1580)

Regulation .02 repealed and new Regulation .02 adopted effective December 31, 2018 (45:26 Md. R. 1244)

Regulation .03 adopted effective February 18, 2002 (29:3 Md. R. 220)

Regulation .03C amended as an emergency provision effective July 1, 2003 (30:21 Md. R. 1527); amended permanently effective November 10, 2003 (30:22 Md. R. 1580)

Chapter transferred from COMAR 10.09.73 effective November 1, 2019 (46:22 Md. R. 977)

Regulation .02B amended effective April 28, 2025 (52:8 Md. R. 359)