This section includes, when applicable, a record of public comments as well as the resulting staff summary, analysis, and recommendations.

COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services

Public comment period
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Instructions

The Maryland Health Care Commission proposes to amend existing Regulations .01, .03, and .12, adopt new Regulation .21, and recodify existing Regulations .21 and .22 to be Regulations .22 and .23 under COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services. This action was considered by the Commission at an open meeting held on September 19, 2024. This action was printed in the Maryland Register, published November 15, 2024, Volume 51, Issue 23, Page 1042.

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The Maryland Health Care Commission proposes to amend existing Regulations .01, .03, and .12, adopt new Regulation .21, and recodify existing Regulations .21 and .22 to be Regulations .22 and .23 under COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services. This action was considered by the Commission at an open meeting held on September 19, 2024. This action was printed in the Maryland Register, published November 15, 2024, Volume 51, Issue 23, Page 1042.

Comments may be sent to Deanna Dunn, Health Facilities Coordinator, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3276, or email to mhcc_regs.comment@maryland.gov. Comments will be accepted through December 16, 2024. A public hearing has not been scheduled.

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on January 16, 2025 at 1:00 pm, at 4160 Patterson Avenue, Baltimore, MD 21215.

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For Questions Contact:
Email
deanna.dunn4@maryland.gov
Phone number

COMAR 10.24.20 State Health Plan for Facilities and Services: Comprehensive Care Facility Services

Public comment period
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Instructions

The Maryland Health Care Commission proposes to repeal existing Regulation .01 and adopt new Regulation .01 under COMAR 10.24.20 State Health Plan for Facilities and Services: Comprehensive Care Facility Services, which is incorporated by reference. This action was considered by the Commission at an open meeting held on September 19, 2024. This action was printed in the Maryland Register, published November 15, 2024, Volume 51, Issue 23. The Incorporated by Reference document can be viewed below.

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The Maryland Health Care Commission proposes to repeal existing Regulation .01 and adopt new Regulation .01 under COMAR 10.24.20 State Health Plan for Facilities and Services: Comprehensive Care Facility Services, which is incorporated by reference. This action was considered by the Commission at an open meeting held on September 19, 2024. This action was printed in the Maryland Register, published November 15, 2024, Volume 51, Issue 23. The Incorporated by Reference document can be viewed below.

Comments may be sent to Deanna Dunn, Health Facilities Coordinator, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3276, or email to mhcc_regs.comment@maryland.gov. Comments will be accepted through December 16, 2024. A public hearing has not been scheduled.

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on January 16, 2025 at 1:00 pm, at 4160 Patterson Avenue, Baltimore, MD 21215.

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For Questions Contact:
Email
Deanna.dunn4@maryland.gov
Phone number

COMAR 10.25.10 Maryland Trauma Physician Services Fund

Public comment period
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Instructions

The Maryland Health Care Commission proposes to amend Regulations .01-.17 and .19 under COMAR 10.25.10 Maryland Trauma Physician Services Fund. This action was considered at an open meeting held by the Commission on September 19, 2024. This action was printed in the Maryland Register published November 1, 2024, Volume 51, Issue 22, Pages 969-975.

Comments may be sent to Jason Caplan, Chief, Special Projects, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3579, or email Jason.caplan3@maryland.gov. Comments will be accepted through December 2, 2024. A public hearing has not been scheduled.

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The Maryland Health Care Commission proposes to amend Regulations .01-.17 and .19 under COMAR 10.25.10 Maryland Trauma Physician Services Fund. This action was considered at an open meeting held by the Commission on September 19, 2024. This action was printed in the Maryland Register published November 1, 2024, Volume 51, Issue 22, Pages 969-975.

Comments may be sent to Jason Caplan, Chief, Special Projects, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3579, or email Jason.caplan3@maryland.gov. Comments will be accepted through December 2, 2024. A public hearing has not been scheduled.

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on December 19, 2024 at 1:00 pm, at 4160 Patterson Avenue, Baltimore, Maryland.

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For Questions Contact:
Email
Jason.caplan3@maryland.gov
Phone number

Private Sector Ownership of Health Care Practices and Health Care Facilities: Request for Comment

Public comment period
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Instructions

Chapter 378 (House Bill 1388) an ACT concerning Labor and Employment-Noncompete and Conflict of Interest Clauses-Clauses for Veterinary and Health Care Professionals and Study of Health Care Markets directs the Maryland Health Care Commission (MHCC) to study how acquisitions of physician practices and health care facilities by private equity (P.E) firms, health systems and health care payers impact Maryland's health care system.Read more

Chapter 378 (House Bill 1388) an ACT concerning Labor and Employment-Noncompete and Conflict of Interest Clauses-Clauses for Veterinary and Health Care Professionals and Study of Health Care Markets directs the Maryland Health Care Commission (MHCC) to study how acquisitions of physician practices and health care facilities by private equity (P.E) firms, health systems and health care payers impact Maryland's health care system. MHCC is contracting with the Brown University School of Public Health to study the impact of private equity and separately contracting with The Hilltop Institute of the University of Maryland Baltimore County (UMBC) to study the dynamics and consequences of insurer market concentration as well as the impact of health systems’ and health care plans' ownership of physician practices and health care facilities.

All stakeholders — including patients, consumer advocates, doctors, nurses, health care providers, health plan and health system administrators, and employers are invited to share their comments in this Request For Comment (RFC). The questions are broad and cover different types of purchasers including private equity firms, health plans, and health systems. MHCC seeks comments on acquisitions in particular of physician practices and ambulatory surgery centers. We also seek comment on a broader range of health care organization acquisitions including nursing homes, hospice providers, home health agencies, home- and community-based services providers, behavioral health providers, pharmacy benefit managers, and health information technology firms involved in clinical and administrative functions.

Comment: respondents have two options to provide comments: respond to questions below in a text document and email to mhcc.rfc_acquisitions@maryland.gov or complete this Google Form. In either case, a commenter is invited to respond to all or some of the questions. If a respondent emails comments in an attachment, MHCC prefers that the attachment be a Word or PDF document.

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For Questions Contact:
Email
dee.stephens1@maryland.gov

Public Comment Period Open for Maryland Medical Care Database Data Requests

Public comment period
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Instructions

The Maryland Health Care Commission (MHCC) is seeking public comment on three applications for access to data from the Maryland Medical Care Database (MCDB). As required by COMAR 10.25.05.07, the MHCC accepts public comments on completed applications for a period of 10 business days following publication.

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The Maryland Health Care Commission (MHCC) is seeking public comment on three applications for access to data from the Maryland Medical Care Database (MCDB). As required by COMAR 10.25.05.07, the MHCC accepts public comments on completed applications for a period of 10 business days following publication.

  1. Katie Corcoran, West Virginia University Project Title: "Collaborative Research: HNDS-R Networks and Health Disparities in Delays in Diagnosis of Medical Conditions with Ambiguous Symptoms
  2. Robert McQueen, University of Colorado Project Title: "Diabetic Ketoacidosis Trends and Resource Utilization at Diagnosis of Type 1 Diabetes in the United States
  3. Christine Yee, Boston University Project Title: "Comparing Utilization, Outcomes, and Choice between VHA and non-VHA Health Care Systems

All comments received will be provided to the Data Release Advisory Committee for consideration during the application review process, as outlined in COMAR 10.25.05.09.

Comments may be submitted via email to mahlet.konjit-solomon@maryland.gov.  Please reference the applicant name and project title in your comments.

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For Questions Contact:
Email
mahlet.konjit-solomon@maryland.gov

COMAR 10.24.20 and COMAR 10.24.01

Public comment period
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Instructions

In accordance with the Nursing Home Acquisition legislation (SB 1000, Chapter 816 and HB 1122, Chapter 817) that passed in the 2024 General Assembly session, Maryland Health Care Commission staff has prepared updates of COMAR 10.24.20, the Nursing Home Chapter of the State Health Plan and COMAR 10.24.01, the Procedural Regulations. The legislation specifically requires the Commission to adopt the regulations required under § 19–120.2(j) of the Health – General Article on or before January 1, 2025, to be applicable to acquisitions executed after the adoption of the regulations.

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In accordance with the Nursing Home Acquisition legislation (SB 1000, Chapter 816 and HB 1122, Chapter 817) that passed in the 2024 General Assembly session, Maryland Health Care Commission staff has prepared updates of COMAR 10.24.20, the Nursing Home Chapter of the State Health Plan and COMAR 10.24.01, the Procedural Regulations. The legislation specifically requires the Commission to adopt the regulations required under § 19–120.2(j) of the Health – General Article on or before January 1, 2025, to be applicable to acquisitions executed after the adoption of the regulations.

We have prepared the attached DRAFT proposed revisions to the existing regulations and would request comments be submitted by COB, Monday, August 19, 2024. Please submit all comments to mhcc_regs.comment@maryland.gov. Many amendments were derived from the Nursing Home Acquisitions Transparency Workgroup’s Recommendations and Report. Depending on the volume and substance of comments, the Commission may convene a short webinar to discuss the comments and respond to any questions from stakeholders.

When submitting written comments, it is important to begin each comment in your letter by adhering to the COMAR Codification System. Comments should not be embedded in an email; rather, submitted as an attachment in an email to mhcc_regs.comment@maryland.gov. Respondents are encouraged to submit comments by close of business on August 19, 2024. The MHCC cannot ensure that comments received after the due date will be considered.

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For Questions Contact:
Email
mhcc_regs.comment@maryland.gov

Amendments to COMAR 10.25.07 and COMAR 10.25.18

Public comment period
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Instructions

The Maryland Health Care Commission seeks feedback on certain provisions to an informal draft version of amendments to COMAR 10.25.18, Health Information Exchanges: Privacy and Security of Protected Health Information and COMAR 10.25.07 Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses. The draft amendments focus on legislation passed by the Maryland General Assembly during the 2021 and 2022 legislative sessions.

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The Maryland Health Care Commission seeks feedback on certain provisions to an informal draft version of amendments to COMAR 10.25.18, Health Information Exchanges: Privacy and Security of Protected Health Information and COMAR 10.25.07 Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses. The draft amendments focus on legislation passed by the Maryland General Assembly during the 2021 and 2022 legislative sessions.

Informal Draft Amendments to COMAR 10.25.07, Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses - For Informal Public Comment
Informal Draft Amendments to COMAR 10.25.18, Health Information Exchanges: Privacy and Security of Protected Health Information - For Informal Public Comment

When submitting written comments, it is important to begin each comment in your letter adhering to the COMAR Codification System. Comments should not be embedded in an email; rather, submitted as an attachment in an email to mhcc_regs.comment@maryland.gov. Respondents are encouraged to submit comments by close of business on May 29, 2024. The MHCC cannot ensure that comments received after the due date will be considered.

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For Questions Contact:
Email
anna.gribble1@maryland.gov

10.25.03 - User Fee Assessment on Payers, Hospitals and Nursing Homes

Public comment period
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Instructions

The Maryland Health Care Commission proposes to amend Regulations .02 under COMAR 10.25.03, User Fee Assessment on Payers, Hospitals and Nursing Homes. This action was considered by the Commission at an open meeting on December 14, 2023, notice of which was given through publication in the Maryland Register, in accordance with General Provisions Article §3-302(c), Annotated Code of Maryland. The Notice of Proposed Action was printed in the Maryland Register, 51:07 on April 5, 2024. The proposed regulations can be viewed here.

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The Maryland Health Care Commission proposes to amend Regulations .02 under COMAR 10.25.03, User Fee Assessment on Payers, Hospitals and Nursing Homes. This action was considered by the Commission at an open meeting on December 14, 2023, notice of which was given through publication in the Maryland Register, in accordance with General Provisions Article §3-302(c), Annotated Code of Maryland. The Notice of Proposed Action was printed in the Maryland Register, 51:07 on April 5, 2024. The proposed regulations can be viewed here.

Comments may be sent to Richard Proctor, Chief Operating Officer, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3558, or email torichard.proctor2@maryland.gov. Comments will be accepted through May 6, 2024. 

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For Questions Contact:
Email
richard.proctor2@maryland.gov
Phone number