Md. Code Regs. 10.37.10.11

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.37.10.11 - Recommendations of the Commission's Staff to the Commission, Options for Commission Review

A. A rate application review shall be completed and the recommendation given to the Commission as soon as possible.

B. The recommendation shall include a specification of those areas of costs which the staff believes should be reviewed. When practicable, the recommendation shall also include the amounts challenged by the staff.

C. Any of four actions may be recommended to the Commission. If two or more actions are recommended, the issues and rates to be evaluated in each action shall be set forth clearly. These four actions are as follows:

(1) The Commission should hold a public hearing on rates;

(2) The Commission should grant tentative approval or modify all or some of the rates and publish notice of an order nisi;

(3) The Commission should hold a general hearing on rates;

(4) The Commission should deny the application in which case it shall state the grounds for the denial.

D. A copy of the recommendation shall be placed in the file and a copy shall be forwarded to each Commission member, the hospital, and each interested party.

E. The Commission may not call for the effective date of an Order Nisi or call for a public hearing for 30 days after the Commission acts on the staff's recommendation.

F. Before a staff recommendation or public hearing, the staff may hold conferences with hospital representatives and interested parties in an attempt to clarify or resolve potential issues.

G. The Commission may prescribe a process for its consideration of a full rate application, which allows for written submissions in support of an application in lieu of an evidentiary hearing. A hospital that chooses this process for a Commission decision on its full rate application shall be afforded the right to submit to the Commission rebuttal information following any written response to the full rate application filed by Commission staff or designated interested parties. A hospital that chooses this written submission process waives its right to an evidentiary hearing. A hospital that chooses this written submission process does not waive its right to judicial review of a final Commission decision under the Administrative Procedure Act. As an additional alternative to an evidentiary hearing, a hospital may choose to enter into a binding arbitration process as prescribed by the Commission.

Md. Code Regs. 10.37.10.11

Regulations .11 amended effective May 29, 1981 (8:11 Md. R. 975); amended effective 45:1 Md. R. 14, eff. 1/15/2018