Sec. 10.30.01.10. Certification and Revocation

A. Certification.

(1) The Commission, through the Department, shall certify a facility or center to perform dialysis upon determination that the facility or center meets the standards adopted by the Commission, including:

(a) 42 CFR §§494.1-494.110, as amended; and

(b) 42 CFR §§494.130-494.180, as amended.

(2) The certification of the facility or center shall continue in effect unless suspended or revoked by the Secretary as recommended by the Commission.

B. Revocation of Certification or Suspension of Payments.

(1) The Secretary shall delegate to the Commission the performance of periodic surveys of dialysis facilities or transplant centers.

(2) The Commission shall immediately report to the Secretary if patient safety and welfare are compromised at the facility. However, this reporting does not preclude the Commission from taking immediate independent corrective action.

(3) The Commission may, by vote of the majority of the members in attendance, recommend to the Secretary to revoke or suspend payments to a dialysis facility or transplant center not in compliance with this subtitle.

(4) Reimbursements may not be made during the term of the suspension or revocation.

C. The Secretary may revoke the certification of a dialysis facility or transplant center to participate in the Kidney Disease Program at any time for failure to comply with this subtitle.

D. The Commission may review any revocation or proposed revocation of certification and make an independent recommendation to the Secretary.

E. In accordance with the Maryland Administrative Procedure Act, a person aggrieved by a decision of the Secretary is entitled to a hearing in accordance with COMAR 10.01.03.