Md. Code Regs. 09.33.03.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 09.33.03.03 - Eligibility for Services

A. An individual may be eligible for service through the Hospital Employees Retraining Program if the individual:

(1) Is included in a hospital's listing of employees scheduled for layoff as required by §B of this regulation;

(2) Either meets the eligibility requirements for unemployment insurance benefits under Labor and Employment Article, Title 8, Annotated Code of Maryland, or may become unemployed and provides the Department of Labor, Licensing, and Regulation with a copy of any notice received from the hospital which informed the individual that the individual may become unemployed;

(3) Is not an independent third-party contractor; and

(4) Is not an executive employee, physician or physician's assistant.

B. Voluntary Closure, Merger, Downsizing, or Delicensure of Hospital.

(1) A hospital that is:

(a) Planning to close;

(b) Planning to partially close;

(c) Planning to merge with another institution voluntarily;

(d) Is subject to acquisition; or

(e) Has been fully or partially delicensed by the Secretary of Health, shall provide the Maryland Department of Labor and the Commission with a listing of all employees who will be laid off due to the circumstances described in this Regulation.

(2) A hospital that is planning to downsize shall provide the Department of Labor, Licensing, and Regulation with a listing of employees who will be laid off due to downsizing of the hospital.

(3) The hospital shall submit the listing at least 90 days before the scheduled date of the voluntary closure, partial closure, acquisition, downsizing, or merger, or within 90 days of full or partial delicensure by the Secretary of Health. However, the period may be waived in whole or in part by the Maryland Department of Labor and the Commission for good cause.

(4) The hospital shall include the following information in the listing for each affected employee:

(a) Full name;

(b) Social Security number;

(c) Job title;

(d) Description of job duties;

(e) Length of service;

(f) Rate of pay at time of layoff; and

(g) Scheduled date of layoff

Md. Code Regs. 09.33.03.03

Regulations .03 adopted as an emergency provision effective July 18, 1986 (13:16 Md. R. 1824); emergency status expired October 31, 1986
Regulations .03 adopted effective September 7, 1987 (14:18 Md. R. 1968)
Regulations .03 amended effective August 3, 1992 (19:15 Md. R. 1393)
Regulation .03 amended effective December 29, 1997 (24:26 Md. R. 1757); amended effective 49:15 Md. R. 738, eff. 7/25/2022