Md. Code Regs. 10.24.01.18

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.24.01.18 - Review Required Before Licensing or First Use of Project

A. Request for First Use Review and Approval. Not fewer than 60 days but not more than 120 days before the first use of any portion of a facility or service developed under a CON or other Commission approval, the holder shall specify the anticipated date for first use and request in writing, through the Center for Health Care Facilities Planning and Development, a final review and first use approval. The request shall include:

(1) Documentation of the final cost of the project; and

(2) A description of any differences in physical plant design, space, or services in the finished project when compared with the description of the project reviewed and approved by the Commission.

B. Action on Request. Within 30 days of receipt of all required information, Commission staff shall issue an approval for first use or a finding that the project does not conform to its CON or other Commission approval. Issuance of first use approval is not a new final decision concerning a CON and may not be appealed.

C. Nonconformance with CON or Other Commission Approval. If the Executive Director finds that a project does not conform to its CON or other approval, the applicant may not proceed to licensure or first use until the Executive Director issues a written finding that the project conforms with its approval. Based on a finding that a project varies significantly from the project that was granted a CON or other approval, the Executive Director may invoke the full review process established in Regulation .04, Regulations .08-.10, and Regulation .13 of this chapter in order to reexamine the project.

D. Duration of First Use Approval. First use approval remains in effect for 90 days. If a project is not put into use within that 90-day period, the holder shall reapply for first use approval.

Md. Code Regs. 10.24.01.18

Regulations .18 adopted effective February 4, 1976 (3:3 Md. R. 151)
Regulations .18 amended as an emergency provision effective March 9, 1989 (16:7 Md. R. 802); emergency status extended at 16:20 Md. R. 2178 and 17:3 Md. R. 295 (Emergency provisions are temporary and not printed in COMAR)
Regulation .18 amended effective March 19, 1990 (17:5 Md. R. 638)
Regulations .18 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulation .18 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023