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Session Laws, 1978
Volume 736, Page 2671   View pdf image
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BLAIR LEE III,

Acting Governor

267 1

commissions, boards, councils or units as may hereafter by
law be deemed to be part of the Department of Health and
Mental Hygiene. The Secretary of Health and Mental Hygiene
shall have such authority and powers over the departments
and other units herein enumerated as are or shall be from
time to time specifically granted by law. All authority and
powers not so granted to the Secretary are reserved to the
departments or other units free of the Secretary's control.

206B.

[(1) (i) In this section, the following word has the
meaning indicated:

(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 was a party to the proceeding prior to taking an appeal
under this section.

(iii) This 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)] A person aggrieved by 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:

[(i)](1) 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
description of all facts and circumstances pertinent to it.
The complaint shall be filed with the chief executive
officer of the department or other agency to which
application for review is made, if there be one, but if
there be none, then with any member of its governing body.
Receipt of such complaint shall be promptly acknowledged in
writing and a copy transmitted to the Secretary of Health
and Mental Hygiene. The department or other agency shall
then proceed to investigate the complaint. Subject to such
extensions of time as the parties may agree upon, a decision

 

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Session Laws, 1978
Volume 736, Page 2671   View pdf image
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