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MARVIN MANDEL, Governor 2967
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MARYLAND, That Section 206B of Article 41 - Governor -
Executive and Administrative Departments, of the
Annotated Code of Maryland (1971 Replacement Volume and
1976 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:
Article 41 — Governor - Executive and Administrative
Departments
2063.
(1) (I) IN THIS SECTION, THE FOLLOWING WORD HAS
THE MEANING INDICATED;
(II) "PERSON AGGRIEVED" INCLUDES ANY
NONPROFIT HEALTH SERVICE PLAN, COMMERCIAL INSURANCE
COMPANY, OR HOSPITAL WHICH PROVIDES HEALTH CARE BENEFITS,
OR HAS AN INTEREST IN, OR MAY BE AFFECTED BY THE
APPLICATION UNDER REVIEW, WITH REGARD TO APPEALS OF ANY
DECISION OR ACTION TO OR FAILURE TO ACT ON THE PART OF
THE SECRETARY ANY ANY DEPARTMENT OR OTHER AGENCY WITHIN
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE RELATING TO
COMPREHENSIVE HEALTH PLANNING.
(II) "PARTY OR PERSON AGGRIEVED" SHALL
INCLUDE INDIVIDUALS, HOSPITALS OR NONPROFIT HEALTH
SERVICE PLANS AND COMMERCIAL INSURANCE COMPANIES PAYING
FOR HEALTH CARE SERVICES RENDERED THEIR SUBSCRIBERS OR
INSUREDS DIRECTLY TO THE HOSPITAL WHOSE APPLICATION IS
UNDER THE REVIEW, WHO MAY BE ADVERSELY, AFFECTED BY THE
APPLICATION UNDER REVIEW AND WHO HAS A PARTY TO THE
PROCEEDING PRIOR TO TAKING AN APPEAL UNDER THIS SECTION.
(III) THIS SECTION SUBSECTION SHALL ONLY APPLY
TO APPEALS OF A DECISION, ACTION OR FAILURE TO ACT ON THE
PART OF THE MARYLAND STATE COMPREHENSIVE HEALTH PLANNING
AGENCY, THE SECRETARY OF THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, OR THE BOARD OF REVIEW RELATING TO
COMPREHENSIVE HEALTH PLANNING.
(2) [Any] A person aggrieved by [any] A decision
or action or failure to act on the part of the Secretary
or any department or other agency within the Department
of Health and Mental Hygiene for which an appeal to the
Board of Review of the Department of Health and Mental
Hygiene is provided by § 206A of this article may appeal
in the manner set forth in this section. Prior to its
commencement the person so aggrieved shall make known the
basis of the complaint to the person or persons
responsible for the decision or the conduct of the action
or of the withholding of the action, as the case may be,
together with a request that it be reviewed. If a
satisfactory resolution has not occurred within 30 days
thereafter, the complainant may proceed as follows:
[(1)](I) Any complainant seeking further review
shall set forth the nature of the complaint in writing,
wherein it shall be outlined in detail with a full
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