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<regulation prefix="Regulation" num=".04" citation="COMAR 31.10.22.04" title_num="31" subtitle_num="10" chapter_num="22" heading="Application for Certificate of Authority.">
  <paragraph num="A.">
    <text>Submission of Application. An applicant shall submit an application for a certificate of authority to the Commissioner at least 90 days before the date that the applicant proposes to engage in business in the State.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Provision of Application Form. The Commissioner shall provide an application form to an applicant on request.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Filing of Information. Each applicant seeking a certificate of authority to transact business in the State shall file the following items with the Commissioner:</text>
    <paragraph num="(1)">
      <text>If incorporated, a copy of the articles of incorporation of the applicant and any amendments to the articles of incorporation, certified by the Department of Assessments and Taxation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A copy of the applicant's current bylaws, certified by the appropriate officer of the applicant;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A list of the names, addresses, and official capacity with the applicant of the individuals who are to be responsible for conducting the applicant's affairs, including all members of the governing body, the officers and directors in the case of a corporation, and the partners or associates in the case of a partnership or association;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A resume of the qualifications of the administrator, the medical director, each officer, and each other individual associated with the applicant or as requested by the Commissioner;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A statement generally describing the:</text>
      <paragraph num="(a)">
        <text>Applicant and its structure,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Applicant's operations,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The location of the facilities at which health care services will be regularly available to members, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The type, specialty, and number of physicians and health care personnel engaged or contracted with to provide health care services;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A statement describing with reasonable certainty the geographic area to be served by the applicant;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A certified statement of the financial condition of the applicant, including:</text>
      <paragraph num="(a)">
        <text>Sources of financial support,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assets and liabilities and minimum net worth, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Other financial information the Commissioner requires for adequate financial evaluation;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Copies of proposed techniques and methods of marketing the services of the applicant;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A power of attorney duly executed by the applicant appointing the Commissioner and the Commissioner's duly authorized deputies as the true and lawful attorney of the applicant in and for the State on whom may be served all lawful process in any action, proceeding, or cause of action arising in the State against the applicant;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>A certificate of compliance evidencing employee coverage under the Maryland Workers' Compensation Act (Labor and Employment Article, Title 9, Annotated Code of Maryland); and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>A prospective budget and expected cash flow analysis for the first 12 months of the applicant's anticipated operation, demonstrating its financial viability based on reasonable assumptions.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Disclosure. Each individual who is responsible for the conduct of the affairs of an applicant shall disclose to the Commissioner and the governing body of the applicant the extent and nature of any contracts or arrangements between the individual and the applicant, including any possible conflicts of interest.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Insurance—General Liability and Medical Malpractice.</text>
    <paragraph num="(1)">
      <text>An applicant may not obtain a certificate of authority until the applicant:</text>
      <paragraph num="(a)">
        <text>Submits to the Commissioner evidence of general liability and medical malpractice insurance or a plan of self-insurance to cover general liability and medical malpractice; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Obtains approval of its insurance or plan of self-insurance from the Commissioner with respect to the amount of coverage and type of coverage.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>With each annual report, a provider-sponsored organization shall submit to the Commissioner evidence of renewal of insurance or continuation of self-insurance.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Advertising. Before using any advertising that has been approved by the Health Care Financing Administration, a provider-sponsored organization shall file a copy of the advertising with the Commissioner.</text>
  </paragraph>
</regulation>