§ 10-415. Expansions

   (a) Approval required. -- A provider may not begin construction of an expansion until the provider receives written approval from the Department.

(b) Request for approval. --

   (1) A provider shall file with the Department a request for approval for each expansion.

   (2) At least 30 days before filing the request, the provider shall submit to the Department a written statement of intent to file a request for approval of an expansion.

   (3) A request for approval of an expansion shall be in a form satisfactory to the Department.

   (4) A request for approval shall include:

      (i) a statement of the purpose of and need for the expansion;

      (ii) if the expansion involves living units, a plan that demonstrates to the satisfaction of the Department that a market exists for the additional living units;

      (iii) a financial plan that demonstrates to the satisfaction of the Department that the expansion will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle at the facility to be expanded and at the provider's other facilities in the State; and

      (iv) any other information that the Department requires.

(c) Conditions for approval. -- The Department shall approve an expansion and, if appropriate, issue a new certificate of registration if the Department determines that the proposed expansion will not have an unreasonably adverse effect on the financial ability of the provider to provide continuing care in accordance with its continuing care agreements and this subtitle.

HISTORY: An. Code 1957, art. 70B, § 11(j), (k); 2007, ch. 3, § 2.