# COMAR Title 09 — Maryland Department of Labor

## Subtitle 33 — Job Service

### Chapter 03 — Hospital Employees Retraining Program

**Authority:** Business Regulation Article, §§2-102 and 2-105;Health-General Article, §§19-223, 19-325, and 19-326.1;Labor and Employment Article, §11-201; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective July 18,

**Administrative History:** 1986 (13:16 Md. R. 1824); emergency status expired October 31, 1986

**Administrative History:** Regulations .01—.06 adopted effective September 7, 1987 (14:18 Md. R. 1968)

**Administrative History:** Chapter recodified from COMAR 24.03.04 to COMAR 24.03.03

**Administrative History:** Regulations .03, .05, and .06 amended effective August 3, 1992 (19:15 Md. R. 1393)

**Administrative History:** Chapter recodified from COMAR 24.03.03 to COMAR 09.33.03, May 1996

**Administrative History:** Regulation .01 amended effective December 29, 1997 (24:26 Md. R. 1757); July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .02 amended effective December 29, 1997 (24:26 Md. R. 1757)

**Administrative History:** Regulation .02B amended effective July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .03 amended effective December 29, 1997 (24:26 Md. R. 1757); July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .04 amended effective December 29, 1997 (24:26 Md. R. 1757); July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .05B amended effective July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .06 amended effective December 29, 1997 (24:26 Md. R. 1757)

**Administrative History:** Regulation .06B, C amended effective July 25, 2022 (49:15 Md. R. 738)

**Administrative History:** Regulation .06D adopted effective July 25, 2022 (49:15 Md. R. 738)

#### Regulation .01 Purpose.

*COMAR 09.33.03.01*

The purpose of these regulations is to establish a program to provide employment and retraining assistance to displaced hospital employees who are unemployed or may become unemployed due to a hospital's change in status as more particularly described in Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 09.33.03.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Acquisition” has the meaning stated in Labor and Employment Article, §11-201(a)(2), Annotated Code of Maryland.

  (2) “Closure” has the meaning stated in Labor and Employment Article, §11-201(a)(3), Annotated Code of Maryland.

  (3) “Commission” means the Health Services Cost Review Commission.

  (4) “Division” means the Division of Workforce Development and Adult Learning of the Maryland Department of Labor.

  (5) “Downsize” has the meaning stated in Labor and Employment Article, §11-201(a)(5), Annotated Code of Maryland.

  (6) “Full delicensure” has the meaning stated in Health-General Article, §19-326.1(a)(6), Annotated Code of Maryland.

  (7) “Fund” has the meaning stated in Labor and Employment Article, §11-201(g), Annotated Code of Maryland.

  (8) “Hospital” means a health care facility as defined in Health-General Article, §19-301(f), Annotated Code of Maryland, whose rates have been approved by the Commission.

  (9) “May become unemployed” means the employee is at risk of displacement during the next 90 days due to hospital acquisition, closure, partial closure, merger, delicensure, partial delicensure, or downsizing, and the:

    (a) Employee has received written notice from the hospital that the employee is in a position or job classification that may be affected by acquisition, closure, partial closure, merger, delicensure, partial delicensure, or downsizing;

    (b) Hospital has notified the Maryland Department of Labor or the Commission, pursuant to Regulation .03B(1) of this chapter, that the employee will be laid off due to acquisition, closure, partial closure, merger, delicensure, partial delicensure, or downsizing; or

    (c) Hospital has notified the Maryland Department of Labor, pursuant to Regulation .03B(2) of this chapter, that the employee will be laid off.

  (10) “Merger” has the meaning stated in Labor and Employment Article, §11-201(a)(6), Annotated Code of Maryland.

  (11) “Partial closure” has the meaning stated in Labor and Employment Article, §11-201(a)(7), Annotated Code of Maryland.

  (12) “Partial delicensure” has the meaning stated in Health-General Article, §19-326.1(a)(9), Annotated Code of Maryland.

  (13) “Physician” has the meaning stated in Health-General Article, §1-101(j), Annotated Code of Maryland.

  (14) “Physician assistant” has the meaning stated in Health Occupations Article, §15-101(o), Annotated Code of Maryland.

  (15) “Program” means the program established for the retraining of and job search assistance for eligible hospital employees who may become unemployed.

#### Regulation .03 Eligibility for Services.

*COMAR 09.33.03.03*

A. An individual may be eligible for service through the Hospital Employees Retraining Program if the individual:

  (1) Is included in a hospital's listing of employees scheduled for layoff as required by §B of this regulation;

  (2) Either meets the eligibility requirements for unemployment insurance benefits under Labor and Employment Article, Title 8, Annotated Code of Maryland, or may become unemployed and provides the Maryland Department of Labor with a copy of any notice received from the hospital which informed the individual that the individual may become unemployed;

  (3) Is not an independent third-party contractor; and

  (4) Is not an executive employee, physician or physician’s assistant.

B. Voluntary Closure, Merger, Downsizing, or Delicensure of Hospital.

  (1) A hospital that is:

    (a) Planning to close;

    (b) Planning to partially close;

    (c) Planning to merge with another institution voluntarily;

    (d) Is subject to acquisition; or

    (e) Has been fully or partially delicensed by the Secretary of Health, shall provide the Maryland Department of Labor and the Commission with a listing of all employees who will be laid off due to the circumstances described in this Regulation.

  (2) A hospital that is planning to downsize shall provide the Maryland Department of Labor with a listing of employees who will be laid off due to downsizing of the hospital.

  (3) The hospital shall submit the listing at least 90 days before the scheduled date of the voluntary closure, partial closure, acquisition, downsizing, or merger, or within 90 days of full or partial delicensure by the Secretary of Health. However, the period may be waived in whole or in part by the Maryland Department of Labor and the Commission for good cause.

  (4) The hospital shall include the following information in the listing for each affected employee:

    (a) Full name;

    (b) Social Security number;

    (c) Job title;

    (d) Description of job duties;

    (e) Length of service;

    (f) Rate of pay at time of layoff; and

    (g) Scheduled date of layoff.

#### Regulation .04 Services Provided.

*COMAR 09.33.03.04*

A. The Hospital Employees Retraining Program shall be administered in accordance with guidelines and policies, adopted by the Division.

B. Availability of Services.

  (1) The provision of services under this chapter is subject to the continued availability of monies in the Hospital Employees Retraining Fund.

  (2) The Maryland Department of Labor may decide how to allocate funds in the Hospital Employees Retraining Fund in order to serve hospital employees who are unemployed or may become unemployed as a result of the closure, downsizing, merger, or delicensure of a hospital.

#### Regulation .05 Filing of Complaints.

*COMAR 09.33.03.05*

A. A hospital employee may file a complaint regarding a determination of eligibility or the provision of services under the Hospital Employees Retraining Program.

B. Complaints may be filed in writing with the Assistant Secretary of the Division.

#### Regulation .06 Hospital Employees Retraining Fund.

*COMAR 09.33.03.06*

A. The Maryland Department of Labor shall establish a Hospital Employees Retraining Fund to pay for the costs of the Hospital Employees Retraining Program.

B. Fund Revenues.

  (1) If a hospital closes, merges, or is fully delicensed and workers are displaced under Health-General Article, §19-325, Annotated Code of Maryland, the Health Services Cost Review Commission shall assess a fee as required by Health-General Article, §19-326.1(b), Annotated Code of Maryland, to be paid within 30 days of the assessment.

  (2) Each hospital regulated by the Commission shall pay an annual fee as required by Health-General Article, §19-326.1(c)(1), Annotated Code of Maryland, by July 1 of each year.

  (3) If a hospital does not pay the fee by the date specified in this section, the Maryland Department of Labor shall assess interest on the amount due at the rate of 1-1/2 percent per month calculated on a daily basis.

  (4) If in any year the Fund is depleted, each hospital regulated by the Commission shall pay to the Department a direct remittance to address the needs resulting from a partial closure, downsizing, acquisition, or partial delicensure of a hospital, as required by Health-General Article, §19-326.1(d), Annotated Code of Maryland, within 30 days of receipt of the notice of assessment from the Commission.

C. The Hospital Employees Retraining Fund may be used only for expenses incurred for the administration and operation of the Hospital Employees Retraining Program including the costs of maintaining the Fund. Allowable costs may include but are not limited to:

  (1) Training, employment, and supportive services pursuant to the policies of the Division;

  (2) Payments to vendors to provide services necessary for the operation of the Program; and

  (3) Administrative costs for the management of the Program and the Fund, which may not exceed 15 percent of the total program costs.

D. At the end of each fiscal year ending on June 30, any unexpended funds remaining in the Fund shall be returned to the hospitals that contributed to the Fund on a pro rata basis as required by Labor and Employment Article, §11-201(h), Annotated Code of Maryland.