<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".26" citation="COMAR 32.02.01.26" title_num="32" subtitle_num="02" chapter_num="01" heading="Findings of Financial Difficulty.">
  <paragraph num="A.">
    <text>Upon a final determination by the Department that a provider is in financial difficulty, the Department shall notify the provider, by certified mail, return receipt requested, of the determination, including whether the Department has determined that there is a significant risk of financial failure.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department may:</text>
    <paragraph num="(1)">
      <text>Consult with the Financial Review Committee to review the findings and possible corrective financial plans; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Assist the provider to develop an adequate corrective financial plan.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A provider notified of a determination of financial difficulty shall:</text>
    <paragraph num="(1)">
      <text>Advise its subscribers of the Department's determination in a meeting to be held by the provider with representatives of the subscribers within 10 days of the provider's receipt of notice from the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notify the Department in advance of the date, time, and location of the meeting;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Cooperate with the Department to develop a corrective financial plan;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Prepare a 5-year financial plan to correct the causes of the financial difficulty;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Submit the corrective plan to the Department for approval within 60 days of receipt of notification from the Department;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Make available to its subscribers copies of its approved 5-year plan;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Amend the financial plan as the Department may advise to enable a finding of no financial difficulty;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Implement the corrective financial plan;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Submit to the Department within 60 days of the close of each fiscal year an annual progress report on the implementation of its approved financial plan; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>At the direction of the Department, revise and update its corrective financial plan if the Department finds that revisions are necessary based on review of the annual progress report or other investigation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The provider may request from the Secretary a 30-day extension of the 60-day time period specified in §C(5) of this regulation. The Secretary may grant the extension.</text>
  </paragraph>
  <paragraph num="E.">
    <text>After a provider has been found to be in financial difficulty, the Department may withhold a renewal certificate of registration or withdraw a current certificate of registration if the Department determines that the provider:</text>
    <paragraph num="(1)">
      <text>Did not prepare a corrective financial plan within 60 days of notification (or 90 days, if the Secretary granted an extension);</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is unwilling or unable to prepare a corrective financial plan;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Prepared a financial plan which is found by the Department to be inadequate to correct the current or impending financial difficulty; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Failed to implement the approved corrective plan, which is demonstrated by the annual progress report or an interim investigation by the Department.</text>
    </paragraph>
  </paragraph>
</regulation>