32.02.01.25

.25 Referrals to the Financial Review Committee.

A. The Department may refer to the Committee for its consideration:

(1) A provider's application for a renewal certificate after review by the Department; or

(2) A finding of possible financial difficulty, at any time.

B. Upon receipt of a referral from the Department, the Committee shall:

(1) Request from the Department any additional material which the Committee may require;

(2) Review the material to determine:

(a) Whether or not it recommends finding the provider in financial difficulty; and

(b) Whether or not it recommends identifying the financial difficulty as including a significant risk of financial failure in accordance with Human Services Article, §10-469, Annotated Code of Maryland;

(3) Notify the Department in writing of its recommendations and the reason or reasons for its recommendations, within 45 days of receipt of the referral; and

(4) Provide consultation to the Department regarding corrective financial plans for providers in financial difficulty when requested by the Department.

C. The Committee may request one 30-day extension under §B(3) of this regulation. The Secretary may grant or deny the extension.

D. Upon notification of the recommendations of the Committee, the Department shall consider the recommendations of the Committee and, within 25 days of receipt of the Committee's recommendations, make a final determination of whether financial difficulty exists, including whether the Department finds a significant risk of financial failure in accordance with Human Services Article, §10-469, Annotated Code of Maryland.