1. A. MIEMSS may deny an application for designation without conducting an on-site review if it finds that the hospital:

   1. (1) Would add unnecessary duplication of services to a geographic service area where there is not a sufficient need for additional trauma or specialty services;
   2. (2) Is unable to meet the requirements of this subtitle for the level of designation sought;
   3. (3) Makes a false statement or omits a material fact in the hospital records, documentation, or materials required to be submitted that pertain to the designation process;
   4. (4) Is less qualified than another applicant hospital in the same geographic service area;
   5. (5) Is applying for designation as a specialty center that requires a certificate of need from the Maryland Health Care Commission but does not have the required certificate of need or a waiver of the certificate of need; or
   6. (6) Should not be designated for any other relevant reason.

2. B. Notice of Denial of Application for Designation.

   1. (1) MIEMSS shall issue a written notice of denial to the hospital.
   2. (2) The notice of denial shall conform to State Government Article, §10-207, Annotated Code of Maryland.
   3. (3) MIEMSS shall send the notice of denial to the chief executive officer of the hospital.
   4. (4) MIEMSS shall notify the EMS Board of the action taken.
3. C. A hospital may file an appeal with the EMS Board, in accordance with Regulation .08 of this chapter, if MIEMSS denies its application for designation.
4. D. If the EMS Board overturns MIEMSS' decision to deny the application for designation, MIEMSS shall continue the application process by scheduling an on-site review of the hospital.
5. E. If the hospital does not timely appeal MIEMSS' decision to deny the application for designation, MIEMSS' decision is the final agency decision and is not subject to judicial review.

Authority: Education Article, §13-509, Annotated Code of Maryland

Effective date: March 24, 1997 (24:6 Md. R. 488)

Regulations .01—.10 amended effective July 1, 2002 (29:12 Md. R. 932)

Regulation .01 amended as an emergency provision effective June 1, 2006 (33:15 Md. R. 1276); amended permanently effective October 23. 2006 (33:21 Md. R. 1678)

Regulation .02D amended as an emergency provision effective June 1, 2006 (33:15 Md. R. 1276); amended permanently effective October 23. 2006 (33:21 Md. R. 1678)

Regulation .03D amended effective October 3, 2011 (38:20 Md. R. 1205)

Regulation .03I amended effective December 19, 2005 (32:25 Md. R. 1947); October 12, 2015 (42:20 Md. R. 1265)

Regulation .04A amended effective October 3, 2011 (38:20 Md. R. 1205)

Regulation .05B amended effective December 19, 2005 (32:25 Md. R. 1947); October 12, 2015 (42:20 Md. R. 1265)

Regulation .07C, G amended effective October 3, 2011 (38:20 Md. R. 1205)

Regulation .10 amended effective October 3, 2011 (38:20 Md. R. 1205); July 1, 2020 (47:5 Md. R. 313)