# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 21 — Hospice Care Programs

#### Regulation .04 Application Procedure.

*COMAR 10.07.21.04*

A. Before a person may apply for a license to operate a general hospice care program, the person shall obtain a certificate of need from the Maryland Health Resources Planning Commission under Health-General Article, Title 19, Annotated Code of Maryland.

B. The applicant shall submit an application for an initial license or renewal of a license on a written or electronic form provided by the Secretary.

C. The applicant shall provide the following information with the application as applicable:

  (1) If the applicant is an individual and is sole owner of the hospice care program, the name and address of the applicant;

  (2) If the applicant proposes to operate a facility providing inpatient hospice care services and someone other than the applicant owns the building or real property, or both, the name and address of the owner or owners;

  (3) If the applicant is a partnership or limited partnership:

    (a) The legal name of the partnership or limited partnership;

    (b) Any trade name used by the partnership or limited partnership; and

    (c) The name and address of each partner;

  (4) If the applicant is a corporation:

    (a) The name of the corporation;

    (b) The date of incorporation;

    (c) The state of incorporation;

    (d) The name and address of each director;

    (e) If the corporation is incorporated outside of the State, the name and address of the resident agent of the corporation;

    (f) The name and address of each officer; and

    (g) The name and address of any stockholder owning more than 5 percent of the stock of a corporate applicant;

  (5) A statement that the applicant meets the requirements of Health-General Article, Title 19, Annotated Code of Maryland, and this chapter;

  (6) The name of the individual who is to be the medical director of the hospice care program;

  (7) The location and postal address of:

    (a) The principal office of the proposed hospice care program;

    (b) Any other office of the proposed hospice care program;

    (c) Any facility providing inpatient hospice services to be operated by the hospice care program; and

    (d) Any location where home-based hospice services are being provided in a residence owned or operated by the hospice; and

  (8) A copy of the certificate of need determination from the Maryland Health Resources Planning Commission as required under §A of this regulation.

D. The Secretary:

  (1) Shall deny or revoke a license if the applicant or licensee has been convicted of a felony involving Medicaid fraud or other activity involving a nursing home, or its residents; or

  (2) May deny or revoke a license of the applicant or licensee who does not otherwise meet the requirements of this chapter.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .28 of this chapter.