10.25.19.07

.07 Closure, Sale, Merger, Lease, Assignment, or Transfer of All or Part of a State-Recognized Electronic Advance Directives Service.

A. At least 90 days before a State-Recognized electronic advance directives service closes on a sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service, the State-Recognized electronic advance directives service shall:

(1) Submit in writing to the Commission information requested by Commission staff about the desired change and a plan that assures the proposed transaction:

(a) Results in the secure transfer either to another State-Recognized electronic advance directives service;

(b) Provides notice of the proposed transaction to the Commission, to the Department of Health, to the State-Designated Health Information Exchange, and to the Consumer Protection Division of the Office of the Maryland Attorney General; and

(c) Provides notice of the proposed transaction electronically and on the website to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive, which at a minimum, includes:

(i) Information about the transfer of the declarant’s advanced directives to another State-Recognized entity;

(ii) The name, contact information and web address of the State-Recognized receiving entity;

(iii) The date the transfer will occur; and

(iv) Specific instructions about how the transfer of an advance directive impacts the declarant and the health care agent.

(2) Not proceed with the proposed transaction until it receives written determination from the Executive Director of the Commission that State Recognition status may be transferred as a result of the proposed sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service.

(3) The provisions of §A(1) of this regulation do not apply to a State-Recognized electronic advance directives service that seeks to sell, merge, lease, assign, or transfer all or part of a State-Recognized electronic advance directives service to:

(a) A person who was identified as a majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission; or

(b) To an entity identified as the majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission and whose membership or ownership, and percentage of ownership remain substantially the same as identified at the time of the most recent State Recognition by the Commission.

B. As soon as a State-Recognized electronic advance directives service has information that sets forth a reasonable basis to believe that its ability to continue to operate as a State-Recognized electronic advance directives service will be materially affected, and no fewer than three months prior to an anticipated closure, it shall submit complete written information to the Commission, along with a plan including provisions that assure the following:

(1) The secure transfer of electronic advance directives to another State-Recognized electronic advance directives service to the extent that such transfer is consistent with State and federal law;

(2) Submission of any reporting required under an existing State or federal grant;

(3) Plans for the continuation of electronic advance directives services during a period of transition and for a mutually agreed timeframe prior to the transfer of electronic advance directives to another State-Recognized electronic advance directives service or until the Commission awards State Recognition to a new electronic advance directives service to whom the existing service shall transfer existing advance directives;

(4) Plans for such transition services to a successor State-Recognized electronic advance directives service as are reasonably feasible given the circumstances of the closure; and

(5) A minimum of 45 days advance notice of the full or partial closure to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive in accordance with §A(1)(c) of this regulation, to the Commission, to the Department of Health, to the State-Designated Health Information Exchange, and the Consumer Protection Division of the Office of the Maryland Attorney General.