Maryland Register

Issue Date:  March 30, 2018

Volume 45 • Issue 7 • Page 438


Title 10 

Subtitle 01 PROCEDURES

10.01.05 Board of Review Procedures

Authority: Health-General Article, §§2-104(b)(1) and 2-207, Annotated Code of Maryland

Notice of Proposed Action


The Secretary of Health proposes to repeal in their entirety Regulations .01—.10 under COMAR 10.01.05 Board of Review Procedures.

Statement of Purpose

The purpose of this action is to repeal the regulatory chapter that implements procedures for the Board of Review within the Maryland Department of Health in accordance with Chapter 103, Acts of 2017.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Ch. 103, Acts of 2017 (H.B. 127), entitled “Department of Health and Mental Hygiene — Board of Review — Repeal” prohibits the Board of Review from accepting new cases beginning June 1, 2017. This analysis reflects that the Board continued to meet in June 2017 to resolve remaining cases; therefore, there is no impact in fiscal 2017. The bill repeals the Board on January 1, 2018.



Revenue (R+/R-)


II. Types of Economic Impact.






A. On issuing agency:



B. On other State agencies:


C. On local governments:




Benefit (+)
Cost (-)




D. On regulated industries or trade groups:


E. On other industries or trade groups:


F. Direct and indirect effects on public:


III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The budgeted cost for the Board in fiscal 2018 is $15,825. This includes per diems for Board members, court reporters, and printing costs. The Board is supported by one employee of the Office of Governmental Affairs within the Maryland Department of Health (MDH) and two employees of the Office of the Attorney General, who also have other responsibilities within MDH. These employees spend a minimal amount of time on Board activities. This analysis assumes that the Board continues to meet regularly until January 1, 2018, and that any staff positions associated with the Board are not eliminated but instead shift to other duties within MDH after the Board ceases operations. Therefore, general fund expenditures for MDH decrease by as much as $7,913 in fiscal 2018 and by about $15,825 annually thereafter.

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, or fax to 410-767-6483. Comments will be accepted through April 30, 2018. A public hearing has not been scheduled.

Secretary of Health