HARRY HUGHES, Governor

1545

Article - Health - General

19-118.

(c) (1) All decisions of the Commission on an application
for a certificate of need, except in emergency circumstances
posing a threat to public health, shall be consistent with the
State health plan and the standards for review established by the
[Council] COMMISSION.

(2)  The mere failure of the State health plan to
address any particular project or health care service shall not
alone be deemed to render the project inconsistent with the State
health plan.

(3)  Unless the Commission finds that the facility or
service for which the proposed expenditure is to be made is not
needed or is not consistent with the State health plan, the
Commission shall approve an application for a certificate of need
required under Section 19-115(k) of this subtitle to the extent
that the expenditure is to be made to:

(i) Eliminate or prevent an imminent safety
hazard, as defined by federal, State, or local fire, building, or
life safety codes or regulations;

(ii) Comply with State licensing standards; or

(iii) Comply with accreditation standards for
reimbursement under Title XVIII of the Social Security Act or
under the State Medical Assistance Program approved under Title
XIX of the Social Security Act.

(4) UPON RECEIPT OF NOTIFICATION BY THE HEALTH

SERVICES COST REVIEW COMMISSION THAT THE STATE AFFORDABILITY
LIMIT ESTABLISHED IN § 19-207.3 OF THIS TITLE MAY BE EXCEEDED,
THE COMMISSION SHALL SUSPEND ANY APPLICATION BY A HOSPITAL FOR
WHICH THE HEALTH SERVICES COST REVIEW COMMISSION SETS RATES, IF
THE APPLICATION IS FOR A PROJECT THAT WOULD REQUIRE ADDITIONAL
HOSPITAL REVENUES.

(5) UPON REQUEST OF A PERSON WHOSE APPLICATION HAS

BEEN SUSPENDED UNDER SUBSECTION (C)(4) OF THIS SECTION, THE
COMMISSION SHALL RESUME REVIEW OF THAT APPLICATION WHEN THE
COMMISSION IS NOTIFIED BY THE HEALTH SERVICES COST REVIEW
COMMISSION THAT THE STATE AFFORDABILITY LIMIT WILL NO LONGER BE
EXCEEDED IF THAT APPLICATION IS APPROVED.

19-207.3.

(A) THE GENERAL ASSEMBLY FINDS THAT IT IS A PRIORITY OF
THIS STATE TO PROMOTE THE HEALTH AND WELL-BEING OF ITS CITIZENS
BY MANAGING THE FINANCIAL RESOURCES SPENT FOR HOSPITAL PATIENT
SERVICES IN THIS STATE.