2015 Maryland Code
HEALTH - GENERAL
Title 2 - DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 2 - BOARD OF REVIEW OF DEPARTMENT
§ 2-206 - Powers and duties

(a) Recommendations to Secretary. -- The Board shall make recommendations to the Secretary on the operation and administration of the Department as the Board considers necessary or desirable.

(b) Acting instead of advisory board. -- If an advisory board for the Department is not created, the Board shall advise the Secretary on all matters affecting the Department that the Secretary submits to the Board for its consideration.

(c) Appeals to be heard and determined by Board. --

(1) Except as provided in paragraph (2) of this subsection, the Board shall hear and determine any appeal from a decision of the Secretary in a contested case concerning an individual's eligibility for or participation in the Maryland Medical Assistance Program, including home- and community-based waiver services programs and other demonstration waiver programs.

(2) Maryland Medical Assistance Program eligibility decisions made under delegation by the Secretary to the Maryland Health Benefit Exchange are not subject to review by the Board.

(d) Annual report. -- The Board shall report at least annually to the Secretary. Its report shall include a summary by categories of appeals heard and determinations made.

(e) Disqualification of member. -- A Board member may not vote or otherwise participate in the Board's consideration of any matter in which the member has a direct or indirect private interest.