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Ch. 150
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2002 LAWS OF MARYLAND
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(I) [whether] WHETHER or not the Committee [finds]
RECOMMENDS FINDING the provider in financial difficulty[,]:
(II) WHETHER OR NOT THE COMMITTEE RECOMMENDS
IDENTIFYING THE FINANCIAL DIFFICULTY AS INCLUDING A SIGNIFICANT RISK OF
FINANCIAL FAILURE IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION; AND
(III) [stating] STATING the REASON OR reasons for its [findings]
RECOMMENDATIONS.
(3) The Committee may request one 30-day extension from the
Secretary UNDER PARAGRAPHS (1) OR (2) OF THIS SUBSECTION. The Secretary may
grant OR DENY the extension.
(d) (1) Within 25 days of being notified of the Committee's RECOMMENDED
findings RECOMMENDATIONS, the Department shall consider the RECOMMENDED
findings RECOMMENDATIONS of the Committee and make a final determination of
WHETHER financial difficulty EXISTS, INCLUDING WHETHER IT FINDS A
SIGNIFICANT RISK OF FINANCIAL FAILURE IN ACCORDANCE WITH SUBSECTION (H)
OF THIS SECTION. If the Department determines that the provider is in financial
difficulty it shall immediately notify the provider by certified mail, return receipt
requested, AND INFORM THE PROVIDER OF WHETHER THE DEPARTMENT HAS
DETERMINED THAT THERE IS A SIGNIFICANT RISK OF FINANCIAL FAILURE.
(2) (I) THE PROVIDER SHALL ADVISE ITS SUBSCRIBERS OF THE
DEPARTMENT'S DETERMINATION IN A MEETING TO BE HELD BY THE PROVIDER WITH
REPRESENTATIVES OF THE SUBSCRIBERS.
(II) THE MEETING SHALL BE HELD WITHIN 10 DAYS OF THE
PROVIDER'S RECEIPT OF NOTICE FROM THE DEPARTMENT.
(III) THE PROVIDER SHALL ADVISE THE DEPARTMENT OF THE DATE,
TIME, AND LOCATION OF SUCH MEETING.
(e) [Any] A provider notified of financial difficulty by the Department shall
prepare and submit to the Department for its approval a 5-year financial plan to
correct the causes of the financial difficulty. The financial plan shall be submitted
within 60 days of notification. The provider may request one 30-day extension from
the Secretary. The Secretary may grant the extension. The Department shall respond
to the provider within 60 days of receipt of the proposed plan. The Department may
work with the provider to establish the financial plan and may consult with the
Financial Review Committee prior to approving the plan. Upon approval the plan
shall be implemented. THE PROVIDER SHALL MAKE AVAILABLE TO ITS SUBSCRIBERS
COPIES OF ITS APPROVED 5-YEAR PLAN.
(f) The Department may withhold the renewal certificate or withdraw a
certificate of registration:
(1) If the provider does not prepare a financial plan;
(2) If the provider is unwilling or unable to prepare a financial plan;
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- 1502 -
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