1518

LAWS OF MARYLAND

Ch. 109

B.  IS NOT INCONSISTENT WITH THE STATE
HEALTH PLAN OR ANY THE INSTITUTION SPECIFIC PLAN DEVELOPED BY THE
COMMISSION; AND

C.  WILL RESULT IN THE DELIVERY OF MORE
EFFICIENT AND EFFECTIVE HEALTH CARE SERVICES; AND

D.  IS IN THE PUBLIC INTEREST.

(3) WITHIN 45 DAYS OF RECEIVING NOTICE, THE
COMMISSION SHALL NOTIFY THE HEALTH CARE FACILITY OF ITS FINDING.

(j) (1) A certificate of need is required before the type
or scope of any health care service is changed if the health care
service is offered:

(i) By a health care facility;

(ii) In space that is leased from a health care
facility; or

(iii) In space that is on land leased from a
health care facility.

(2) This subsection does not apply if:

(i) The Commission adopts limits for changes in
health care services and the proposed change would not exceed
those limits;

(ii) The proposed change would add a new health
care service and, during a 1 year period, the annual operating
revenue that would result from the addition is less than $250,000
after an annual adjustment for inflation, based on an appropriate
index specified by the Commission; [or]

(iii) The proposed change would increase or
decrease the volume of one patient service and, during a 2 year
period, the change is less than 25 percent of that volume[.]; OR

(IV) 1. AT LEAST 30 45 DAYS BEFORE INCREASING
OR DECREASING THE VOLUME OF 1 OR MORE PATIENT SERVICES, WRITTEN
NOTICE OF INTENT TO CHANGE THE VOLUME OF PATIENT SERVICES IS
FILED WITH THE COMMISSION; AND

2. WITHIN 30 DAYS OF RECEIVING NOTICE,
THE COMMISSION IN ITS SOLE DISCRETION FINDS THAT THE PROPOSED
CHANGE:

A. IS PURSUANT TO THE CONSOLIDATION OR
MERGER OF 2 OR MORE HEALTH CARE FACILITIES, OR CONVERSION OF A
HEALTH CARE FACILITY OR PART OF A FACILITY TO A NONHEALTH RELATED
USE;