HARRY HUGHES, Governor

1519

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

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

D.   IS IN THE PUBLIC INTEREST .; AND

(3) (3) 3. WITHIN 45 DAYS OF RECEIVING NOTICE UNDER
ITEM 1. OF THIS PARAGRAPH, THE COMMISSION SHALL NOTIFY THE HEALTH
CARE FACILITY OF ITS FINDING.

(3) (4) (3) Notwithstanding the provisions of
paragraph (2) of this subsection, a certificate of need is
required:

(i) Before an additional home health agency,
branch office, or home health care service is established by an
existing health care agency or facility;

(ii) Before an existing home health agency or
health care facility establishes a home health agency or home
health care service at a location in the service area not
included under a previous certificate of need or license; or

(iii) Before a transfer of ownership of any
branch office of a home health agency or home health care service
of an existing health care facility that separates the ownership
of the branch office from the home health agency or home health
care service of an existing health care facility which
established the branch office.

(k) (1) A certificate of need is required before any of the
following capital expenditures are made by or on behalf of a
health care facility:

(i) Any expenditure that, under generally
accepted accounting principles, is not properly chargeable as an
operating or maintenance expense, if:

1. The expenditure is made as part of an
acquisition, improvement, or expansion, and, after adjustment for
inflation as provided in the regulations of the Commission, the
total expenditure, including the cost of each study, survey,
design, plan, working drawing, specification, and other essential
activity, is more than $600,000;

2. The expenditure is made as part of a
replacement of any plant and equipment of the health care
facility and is more than $600,000 after adjustment for inflation
as provided in the regulations of the Commission;

3. The expenditure results in a
substantial change in the bed capacity of the health care
facility;