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<regulation prefix="Regulation" num=".07" citation="COMAR 10.25.19.07" title_num="10" subtitle_num="25" chapter_num="19" heading="Closure, Sale, Merger, Lease, Assignment, or Transfer of All or Part of a State-Recognized Electronic Advance Directives Service.">
  <paragraph num="A.">
    <text>At least 90 days before a State-Recognized electronic advance directives service closes on a sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service, the State-Recognized electronic advance directives service shall:</text>
    <paragraph num="(1)">
      <text>Submit in writing to the Commission information requested by Commission staff about the desired change and a plan that assures the proposed transaction:</text>
      <paragraph num="(a)">
        <text>Results in the secure transfer to another State-Recognized electronic advance directives service;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides notice of the proposed transaction to the Commission, to the Maryland Department of Health, to the State-Designated Health Information Exchange, and to the Consumer Protection Division of the Office of the Maryland Attorney General; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provides notice of the proposed transaction electronically and on the Vendor’s website to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive, which at a minimum, includes:</text>
        <paragraph num="(i)">
          <text>Information about the transfer of the declarant’s advanced directive to another State-Recognized entity;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The name, contact information and web address of the State-Recognized receiving entity;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The date the transfer will occur; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Specific instructions about how the transfer of an advance directive impacts the declarant and the health care agent.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Not proceed with the proposed transaction until it receives written determination from the Executive Director that State Recognition status may be transferred as a result of the proposed sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The provisions of §A(1) of this regulation do not apply to a State-Recognized electronic advance directives service that seeks to sell, merge, lease, assign, or transfer all or part of a State-Recognized electronic advance directives service to:</text>
      <paragraph num="(a)">
        <text>A person who was identified as a majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To an entity identified as the majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission and whose membership or ownership, and percentage of ownership remain substantially the same as identified at the time of the most recent State Recognition by the Commission.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>As soon as a State-Recognized electronic advance directives service has information that sets forth a reasonable basis to believe that its ability to continue to operate as a State-Recognized electronic advance directives service will be materially affected, and no fewer than 90 days prior to an anticipated closure, it shall submit complete written information to the Commission, along with a plan that includes provisions assuring the following:</text>
    <paragraph num="(1)">
      <text>The secure transfer of electronic advance directives to another State-Recognized electronic advance directives service to the extent that such transfer is consistent with State and federal law;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Submission of any reporting required under an existing State or federal grant;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Plans for the continuation of electronic advance directives services during a period of transition and for a mutually agreed timeframe prior to the transfer of electronic advance directives to another State-Recognized electronic advance directives service or until the Commission awards State Recognition to a new electronic advance directives service to whom the existing service shall transfer existing advance directives;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Plans for such transition services to a successor State-Recognized electronic advance directives service as are reasonably feasible given the circumstances of the closure; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A minimum of 45 days advance notice of the full or partial closure to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive in accordance with §A(1)(c) of this regulation, to the Commission, to the Maryland Department of Health, to the State-Designated Health Information Exchange, and the Consumer Protection Division of the Office of the Maryland Attorney General.</text>
    </paragraph>
  </paragraph>
</regulation>