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Martin O'Malley, Governor
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Ch.3
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"Financial difficulty" § 10-401
"Provider" § 10-401
"Secretary" § 10-101
10-467. FINAL DETERMINATION OF FINANCIAL DIFFICULTY.
(A) IN GENERAL.
WITHIN 25 DAYS AFTER RECEIPT OF THE COMMITTEE'S RECOMMENDATIONS,
THE DEPARTMENT SHALL CONSIDER THE RECOMMENDATIONS AND MAKE A FINAL
DETERMINATION OF WHETHER FINANCIAL DIFFICULTY EXISTS AND, IF SO,
WHETHER THERE IS A SIGNIFICANT RISK OF FINANCIAL FAILURE ESI ACCORDANCE
WITH § 10-469 OF THIS SUBTITLE.
(B) NOTICE TO PROVIDER
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 WHETHER THE
DEPARTMENT HAS DETERMINED THAT THERE IS A SIGNIFICANT RISK OF FINANCIAL
FAILURE.
(C) MEETING WITH REPRESENTATIVES OF SUBSCRIBERS.
THE PROVIDER SHALL:
(1) ADVISE ITS SUBSCRIBERS OF THE DEPARTMENTS DETERMINATION
IN A MEETING TO BE HELD BY THE PROVIDER WITH REPRESENTATIVES OF THE
SUBSCRIBERS;
(2) HOLD THE MEETING WITHIN 10 DAYS AFTER THE PROVIDER'S
RECEIPT OF NOTICE FROM THE DEPARTMENT; AND
(3) ADVISE THE DEPARTMENT OF THE DATE, TIME, AND LOCATION OF
THE MEETING.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 17A(d).
In subsection (a) of this section, the phrase "after receipt of" is substituted
for the former phrase "of being notified of" for clarity.
Also in subsection (a) of this section, the phrase "and, if so," is substituted
for the former word "including" to clarify that only if the provider is found
in financial difficulty could there be a finding of a significant risk of
financial failure.
Defined terms: "Committee" § 10-463
"Department" § 10-101
"Financial difficulty" § 10-401
"Provider" § 10-401
"Subscriber" § 10-401
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- 499 -
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