Sec. 10.01.15.05. Request for Exemption

A. A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request an exemption from the self-referral laws.

B. In order for a health care practitioner to obtain an exemption by the Secretary from the self-referral laws, the health care practitioner shall make a request to the Secretary that:

(1) Identifies the street address, political subdivision, and area of concentration of both the health care practitioner and the entity in which the practitioner has or wishes to have a beneficial interest;

(2) Demonstrates to the Secretary's satisfaction that the health care practitioner's beneficial interest is:

(a) Essential to finance and to provide the health care entity, and

(b) Needed to ensure appropriate access for the community to the services provided at the health care entity.

(3) States when the services are proposed to begin;

(4) Includes an agreement that, if the health care practitioner seeks renewal of an exemption from the Secretary and the Secretary no longer deems the beneficial interest to be essential, the practitioner will:

(a) Pledge in writing to the Secretary that the health care entity shall immediately cease accepting any referrals from sources prohibited under Health Occupations Article, §1-301 et seq., Annotated Code of Maryland, or

(b) Divest the practitioner's beneficial interest in the entity within 1 year after the exemption is no longer applicable.

C. The Secretary shall request, in writing, the advice of the Executive Director of the MHCC concerning whether the beneficial interest is needed to ensure appropriate access for the community to the services provided at the health care entity.

D. The Executive Director of the MHCC shall advise the Secretary in accordance with the timetable in Regulation .06 of this chapter as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity.