<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.01.15.05" title_num="10" subtitle_num="01" chapter_num="15" heading="Request for Exemption.">
  <paragraph num="A.">
    <text>A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request from the Secretary an exemption from the self-referral laws.</text>
  </paragraph>
  <paragraph num="B.">
    <text>In order for a health care practitioner to obtain an exemption by the Secretary from the self-referral laws, the health care practitioner shall make a request to the Secretary in the manner specified by the Department that:</text>
    <paragraph num="(1)">
      <text>Identifies the street address, political subdivision, and area of concentration of both the health care practitioner and the entity in which the practitioner has or wishes to have a beneficial interest;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Demonstrates to the Secretary's satisfaction that the health care practitioner's beneficial interest is:</text>
      <paragraph num="(a)">
        <text>Essential to finance and to provide the health care entity; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Needed to ensure appropriate access for the community to the services provided at the health care entity;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>States when the services are proposed to begin;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Provides the health care practitioner’s:</text>
      <paragraph num="(a)">
        <text>Name;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Licensing board;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>License number;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>License expiration date;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Business address; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Business telephone number;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Includes an attestation in writing that, if the health care practitioner seeks renewal of an exemption from the Secretary and the Secretary no longer deems the beneficial interest to be essential, the practitioner shall:</text>
      <paragraph num="(a)">
        <text>Immediately cease accepting any referrals from sources prohibited under Health Occupations Article, §1-301 et seq., Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Divest the practitioner's beneficial interest in the entity within 1 year after the exemption is no longer applicable.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Request to MHCC.</text>
    <paragraph num="(1)">
      <text>The Secretary shall request, in writing, the advice of the Executive Director of the MHCC concerning whether the beneficial interest is needed to ensure appropriate access for the community to the services provided at the health care entity.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary shall provide, with the request to the Executive Director of the MHCC, a copy of any materials submitted to the Department in accordance with §B of this regulation and any additional items which may be pertinent to the MHCC’s review.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary shall follow the timetable set forth in Regulation .06 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Executive Director of the MHCC shall advise the Secretary in accordance with the timetable in Regulation .06 of this chapter as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If additional information is needed by the Secretary or the Executive Director of MHCC for their determination, the Department may ask the health care practitioner to provide additional information to establish that the practitioner’s beneficial interest is:</text>
    <paragraph num="(1)">
      <text>Essential to finance and to provide the health care entity; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Needed to ensure appropriate access for the community to the services provided at the health care entity.</text>
    </paragraph>
  </paragraph>
</regulation>