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10.01.15.00.htm 10.01.15.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 01 PROCEDURES Chapter 15 Exemption from Self-Referral Laws Authority: Health Occupations Article, §1-301 et seq. Annotated Code of Maryland
10.01.15.01.htm 10.01.15.01. 01 Scope.. A. This chapter governs exemptions from the prohibition on self-referral made by the Secretary in conjunction with the Maryland Health Care Commission.B. This chapter creates the means by which the Secretary and the Maryland Health Care Commission can determine whether:1) A health care practitioner's beneficial interest is essential to finance and to provide a health care entity; and2) The health care entity is needed to ensure appropriate access for a comm
10.01.15.02.htm 10.01.15.02. 02 Definitions―Applicable to Health Occupations Article, §1-301 et seq. Annotated Code of Maryland.. A. For the purpose of enforcing Health Occupations Article, §1-301 et seq. Annotated Code of Maryland, the following terms have the meanings indicated.B. Terms Defined.. 1) "Group practice" means a group of two or more health care practitioners legally organized as a partnership, professional corporation, limited liability company, foundation, not-for-profit corporati
10.01.15.03.htm 10.01.15.03. 03 Definitions―For Exemption from Self-Referral Laws.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Area of concentration" means a limitation of practice by demonstrable training and competence of a health care practitioner.2) "Essential" means a health care entity would not be able to exist but for the health care practitioner's beneficial interest in the health care entity.
10.01.15.04.htm 10.01.15.04. 04 Scope of Exemption.. The Secretary may exempt a health care practitioner from the prohibition on self-referral pursuant to Health Occupations Article, §1-302(d)5) Annotated Code of Maryland, in accordance with this chapter.
10.01.15.05.htm 10.01.15.05. 05 Request for Exemption.. A. A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request an exemption from the self-referral laws.B. In order for a health care practitioner to obtain an exemption by the Secretary from the self-referral laws, the health care practitioner shall make a request to the Secretary that:1) Identifies the street address, political subdivision, and area of concentration of both the healt
10.01.15.06.htm 10.01.15.06. 06 Timetable for the Secretary's Action.. A. The Secretary shall make the required determinations within 90 days following receipt of a health care practitioner's request for exemption.B. The Executive Director of the MHCC shall advise the Secretary as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity within 60 days after receipt of the Secretary's letter.
10.01.15.07.htm 10.01.15.07. 07 Renewal of Exemption.. A. The term of an exemption shall be in conjunction with a health care practitioner's professional license renewal and shall be renewed at the same time the health care practitioner's professional license is renewed.B. The exemption expires at the end of its term, unless the exemption is renewed as provided by this chapter.C. An exempted health care practitioner, on renewal, shall meet all the requirements of this chapter at the time of renewal.
10.01.15.9999.htm 10.01.15.9999. Administrative History Effective date: June 25, 2001 (28:12 Md. R. 1106).
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