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Ch. 275
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2006 LAWS OF MARYLAND
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(B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (G) OF THIS
SECTION AND IN ADDITION TO THE STANDARDS SET FORTH IN COMAR 14.31.06 AND
14.31.07, A CORPORATION SHALL MEET THE REQUIREMENTS PROVIDED IN THIS
SECTION AS A CONDITION OF LICENSURE.
(C) A CORPORATION SHALL DEMONSTRATE TO THE LICENSING AGENCY THE
CAPABILITY TO PROVIDE FOR AND ARRANGE FOR THE PROVISION OF ALL
APPLICABLE SERVICES PROPOSED IN THE LICENSE APPLICATION BY SUBMITTING,
AT A MINIMUM, THE FOLLOWING DOCUMENTS TO THE LICENSING AGENCY:
(1) A BUSINESS PLAN THAT CLEARLY DEMONSTRATES THE ABILITY OF
THE PROGRAM OPERATED BY THE CORPORATION TO PROVIDE SERVICES IN
ACCORDANCE WITH MARYLAND REGULATIONS AND FUNDING REQUIREMENTS;
(2) A SUMMARY OF THE CORPORATION'S DEMONSTRATED EXPERIENCE
IN THE FIELD OF HUMAN SERVICES, IN ACCORDANCE WITH STANDARDS DEVELOPED
BY THE OFFICE;
(3) PRIOR LICENSING REPORTS ISSUED WITHIN THE PREVIOUS 10 YEARS
FROM ANY IN-STATE OR OUT-OF-STATE ENTITIES ASSOCIATED WITH THE
CORPORATION OR THE PROGRAM, INCLUDING DEFICIENCY REPORTS AND
COMPLIANCE RECORDS ON WHICH THE STATE MAY MAKE REASONED DECISIONS
ABOUT THE QUALIFICATIONS OF THE CORPORATION OR THE PROGRAM; AND
(4) A WRITTEN QUALITY ASSURANCE PLAN, APPROVED BY THE
LICENSING AGENCY, TO ADDRESS HOW THE CORPORATION WILL ENSURE THE
HEALTH AND SAFETY OF THE INDIVIDUALS SERVED BY THE PROGRAM AND THE
QUALITY OF SERVICES PROVIDED TO INDIVIDUALS BY THE PROGRAM.
(D) (1) AT LEAST 75% ONE MEMBER OF A CORPORATION'S BOARD OF
DIRECTORS SHALL BE RESIDENTS A RESIDENT OF THE STATE OR RESIDE WITHIN A
100-MILE RADIUS OF THE CORPORATION'S ADMINISTRATIVE OFFICES OR THE
PROGRAM.
(2) NO AN EMPLOYEE OF A CORPORATION OR PROGRAM OR AN
IMMEDIATE FAMILY MEMBER OF AN EMPLOYEE OF A CORPORATION OR PROGRAM
MAY NOT SERVE ON THE CORPORATION'S BOARD OF DIRECTORS.
(3) A PERSON WHO IS COMPENSATED BY A CORPORATION FOR
PROVIDING GOODS OR SERVICES MAY NOT SERVE ON THE CORPORATION'S BOARD OF
DIRECTORS.
(E) A CORPORATION SHALL ADOPT WRITTEN BYLAWS THAT REQUIRE THE
CORPORATION'S BOARD OF DIRECTORS TO BE LEGALLY RESPONSIBLE FOR:
(1) OVERSEEING THE MANAGEMENT AND OPERATION OF THE PROGRAM
OPERATED BY THE CORPORATION:
(2) ENSURING THAT THE PROGRAM OPERATES IN COMPLIANCE WITH
ALL APPLICABLE LAWS AND REGULATIONS;
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- 1554 -
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