922

LAWS OF MARYLAND

Ch. 21

(1)  THE COMMISSION MAY PERMIT A FACILITY TO
CHANGE ANY RATE OR CHARGE TEMPORARILY, IF THE COMMISSION
CONSIDERS IT TO BE IN THE PUBLIC INTEREST.

(2)  AN APPROVED TEMPORARY CHANGE BECOMES
EFFECTIVE IMMEDIATELY ON FILING.

(3)  UNDER THE REVIEW PROCEDURES OF THIS SECTION,
THE COMMISSION PROMPTLY SHALL CONSIDER THE REASONABLENESS OF
THE TEMPORARY CHANGE.

(D)  PARTIAL APPROVAL OF PROPOSED CHANGE.

IF THE COMMISSION MODIFIES A PROPOSED CHANGE OR
APPROVES ONLY PART OF A PROPOSED CHANGE, A FACILITY, WITHOUT
LOSING ITS RIGHT TO APPEAL THE PART OF THE COMMISSION ORDER
THAT DENIES FULL APPROVAL OF THE PROPOSED CHANGE, MAY:

(1)  CHARGE ITS PATIENTS ACCORDING TO THE
DECISION OF THE COMMISSION; AND

(2)  ACCEPT ANY BENEFITS UNDER THAT DECISION.

(E)  REFUND OF FUNDS COLLECTED PENDING DELAY OR APPEAL.

IF A CHANGE IN ANY RATE OR CHARGE INCREASE BECOMES
EFFECTIVE BECAUSE A FINAL DETERMINATION IS DELAYED BECAUSE
OF AN APPEAL OR OTHERWISE, THE COMMISSION MAY ORDER THE
FACILITY:

(1)  TO KEEP A DETAILED AND ACCURATE ACCOUNT OF:

(I)  FUNDS RECEIVED BECAUSE OF THE CHANGE;
AND

(II)  THE PERSONS FROM WHOM THESE FUNDS
WERE COLLECTED; AND

(2)  AS TO ANY FUNDS RECEIVED BECAUSE OF A CHANGE
THAT LATER IS HELD EXCESSIVE OR UNREASONABLE:

(I)  TO REFUND THE FUNDS WITH INTEREST; OR

(II)   IF A REFUND OF THE FUNDS IS
IMPRACTICABLE, TO CHARGE OVER AND AMORTIZE THE FUNDS THROUGH
A TEMPORARY DECREASE IN CHARGES OR RATES.

(F)  COMMISSION DECISION IN CONTESTED CASE.

A DECISION BY THE COMMISSION ON ANY CONTESTED CHANGE
UNDER THIS SECTION SHALL COMPLY WITH THE ADMINISTRATIVE
PROCEDURE ACT AND SHALL BE ONLY PROSPECTIVE IN EFFECT.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 568W(a)(l), (2)(ii) and (iii), (3),