10.05.01.04

.04 Licensing Procedure.

A. A person desiring to operate a facility shall:

(1) Be in compliance with all applicable federal, State, and local laws and regulations;

(2) File an application on a written or electronic form provided by the Department;

(3) Submit documentation that the Maryland Health Resources Planning Commission has determined that the facility either received a certificate of need or is exempt from certificate of need requirements; and

(4) Submit a written description of its quality assurance program as required by Regulation .08 of this chapter.

B. An officer of a corporation or association shall apply for a license on behalf of the entity. The owner shall apply on behalf of a sole proprietorship. An applicant shall submit the names of the entity's board members, owners, and investors having at least 2 percent ownership.

C. An authorized individual of a government unit or agency shall apply for a license on behalf of the government unit or agency.

D. For an existing Medicare-certified facility, the Department shall issue a license within 90 days of receiving:

(1) A license application;

(2) The license fee; and

(3) Evidence of compliance with applicable regulations.

E. Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:

(1) Approve the application unconditionally if the applicant complies with all requirements of this chapter;

(2) Approve the application conditionally; or

(3) Deny the application if the applicant:

(a) Has been convicted of:

(i) A felony that relates to Medicaid or Medicare, or

(ii) A crime involving moral turpitude; or

(b) Does not comply with the requirements of this chapter.

F. Denial of License for Prior Revocation or Consent to Surrender License. The Secretary may deny a license to:

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

(a) Whose conduct caused the revocation of a prior license, or

(b) Who held the same or similar position in another corporate entity which had its license revoked;

(2) An individual applicant:

(a) Whose conduct caused the revocation of a prior license, or

(b) Who held a position as owner, director, or officer in a corporate entity which had its license revoked; or

(3) An individual or corporate applicant that has consented to surrender a license as a result of a license revocation action.

G. The Secretary shall also consider the factors identified in Regulation .15D of this chapter when deciding whether to deny a license.

H. 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 .16 of this chapter.

I. Renewal of License.

(1) At least 60 days before a license expires, the licensee shall submit a renewal application to the Secretary on a written or electronic form provided by the Department.

(2) The Secretary shall renew the license for an additional 3-year period for a licensee that meets the requirements of this chapter.