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<regulation prefix="Regulation" num=".05" citation="COMAR 10.25.17.05" title_num="10" subtitle_num="25" chapter_num="17" heading="Waiver from Benchmark Requirement.">
  <paragraph num="A.">
    <text>A payor may request that the Commission issue or renew a waiver from the requirement to meet a benchmark in Regulation .03 of this chapter by the demonstration of the following extenuating circumstances:</text>
    <paragraph num="(1)">
      <text>For an insurer or nonprofit health service plan, a premium volume that is less than $1,000,000 annually in the State;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For a group model health maintenance organization, as defined in Health-General Article, §19-713.6, Annotated Code of Maryland, preauthorizations of health care services requested by providers not employed by the group model health maintenance organization; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Other circumstances determined by the Executive Director to be extenuating.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Submission of Request for Waiver or Renewal of Waiver.</text>
    <paragraph num="(1)">
      <text>A request for a waiver or renewal of waiver shall be in writing and shall include:</text>
      <paragraph num="(a)">
        <text>An identification of each preauthorization benchmark for which a waiver is requested; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A detailed explanation of the extenuating circumstances necessitating the waiver.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A request for a waiver shall be filed with the Commission in accordance with the following:</text>
      <paragraph num="(a)">
        <text>For renewal of a waiver, no later than 30 days prior to its expiration; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a payor that becomes authorized to provide benefits or services within the State of Maryland after October 1, 2012, within 3 months after the date the payor is authorized to provide benefits or services within the State.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Issuance of Waiver.</text>
    <paragraph num="(1)">
      <text>The Executive Director may issue a waiver from a preauthorization benchmark to a payor that demonstrates extenuating circumstances within this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Executive Director will review and provide a decision to approve or deny all waiver requests within a reasonable time frame.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A waiver or renewal of a waiver shall be valid for 2 years, unless withdrawn by the Executive Director.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Withdrawal of Waiver.</text>
    <paragraph num="(1)">
      <text>The Executive Director may withdraw a waiver or renewal of a waiver if the Executive Director determines that the payor can no longer demonstrate extenuating circumstances.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Executive Director withdraws a waiver or renewal of waiver, the Executive Director shall notify the payor, setting forth in writing the reasons for withdrawal.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After a waiver or a renewal of a waiver is withdrawn, a payor shall submit a plan to the Executive Director within 30 days that includes a timeline for attaining each benchmark in Regulation .03 of this chapter in a format approved by the Commission.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Review of Denial or Withdrawal of Waiver.</text>
    <paragraph num="(1)">
      <text>If the Executive Director has denied or withdrawn a waiver, a payor may seek Commission review of the denial or withdrawal by filing a written request for review with the Commission within 20 days of receipt of the Executive Director’s notice of denial or withdrawal of a waiver, which shall:</text>
      <paragraph num="(a)">
        <text>State with particularity the grounds and factual basis for a payor’s disagreement with the denial or withdrawal decision;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Specify the remedy requested; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If desired, include a written request to orally address the Commission, which shall be scheduled if requested.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The full Commission may review the written request for review of a denial or withdrawal of a waiver directly or, at the discretion of the Chair of the Commission, appoint a Commissioner to review the request submitted under §E(1) of this regulation, who will make a recommendation to the full Commission.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a written request was submitted under §E(1)(c) of this regulation, a payor may orally address the Commission before a determination is made by the Commission as to whether or not to issue or withdraw a waiver.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>After reviewing and considering a payor’s written request for review of the denial or withdrawal decision and any oral argument, if applicable, the full Commission shall issue a written decision affirming, reversing, or modifying the decision reviewed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A waiver or renewal of waiver from the requirements of this chapter may not be sold, assigned, leased, or transferred.</text>
  </paragraph>
</regulation>