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    Maryland Department of Health
    Regulations

    ​PROPOSAL

    Maryland Register

    Issue Date:  June 22, 2018

    Volume 45 • Issue 13 • Pages 676—677

     

    Title 10 
    MARYLAND DEPARTMENT OF HEALTH

    Subtitle 22 DEVELOPMENTAL DISABILITIES

    10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law

    Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland

    Notice of Proposed Action

    [18-157-P]

    The Secretary of Health proposes to amend Regulation .03 under COMAR 10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law.

    Statement of Purpose

    The purpose of this action is to clarify the definition of “action or inaction of the Secretary” by including clearly defined actions relating to Informal Hearing Rights.

    Comparison to Federal Standards

    There is no corresponding federal standard to this proposed action.

    Estimate of Economic Impact

    The proposed action has no economic impact.

    Economic Impact on Small Businesses

    The proposed action has minimal or no economic impact on small businesses.

    Impact on Individuals with Disabilities

    The proposed action has no impact on individuals with disabilities.

    Opportunity for Public Comment

    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 23, 2018. A public hearing has not been scheduled.

    .03 Definitions.

    A. In [these regulations] this chapter the following terms have the meanings indicated.

    B. Terms Defined.

    [(1) “Action or inaction of the Secretary” means any decision or other official action by the Director of the Administration or an authorized representative of the Director, or the failure to issue or implement an official decision or to take certain action within the authority of the Director or the Director’s authorized representative. Action includes, but is not limited to, the denial of services or the significant alteration in the provision of services to an individual including the termination, reduction, suspension, or withdrawal of services, or the transfer of an individual.]

    (1) “Action or inaction of the Secretary” means a decision of the Deputy Secretary or an authorized representative of the Deputy Secretary, that:

    (a) Denies an application by an individual for eligibility for services;

    (b) Denies a request for services made by a recipient of services;

    (c) Terminates, reduces, suspends, or withdraws services for a recipient of services; or

    (d) Otherwise denies a request made by a recipient of services that is related to DDA services.

    (2)—(12) (text unchanged)

    ROBERT R. NEALL
    Secretary of Health

     

     ​