PARRIS N. GLENDENING, Governor

Ch. 549

19-115.

(j) (7) Nothing in this subsection may be construed to permit a hospital to build
or expand its ambulatory surgical capacity OR ITS AMBULATORY PRIMARY CARE
CAPACITY in any setting owned or controlled by the hospital without obtaining a
certificate of need from the Commission.

19-118.

(f) (1) If any party or interested person requests an evidentiary hearing with
respect to a certificate of need application for any health care facility other than an
ambulatory surgical facility OR AMBULATORY PRIMARY CARE FACILITY and the
Commission, in accordance with criteria it has adopted by regulation, considers an
evidentiary hearing appropriate due to the magnitude of the impact that the proposed
project may have on the health care delivery system, the Commission or a committee of
the Commission shall hold the hearing in accordance with the contested case procedures
of the Administrative Procedure Act.

(2)     Except as provided in this section or in regulations adopted by the
Commission to implement the provisions of this section, the review of an application for
a certificate of need for an ambulatory surgical facility OR AMBULATORY PRIMARY
CARE FACILITY is not subject to the contested case procedures of Title 10, Subtitle 2 of
the State Government Article.

SECTION 2. AND BE IT FURTHER ENACTED, That the changes made by this
Act to Title 19, Subtitle 1 of the Health—General Article do not apply to any person;

(1)     Requiring a determination from the State Health Resources Planning
Commission of whether a certificate of need is required to build a now ambulatory
primary care facility or to expand existing ambulatory primary care capacity in any setting
that has requested or received the determination on or before June 30, 1996 and has
obligated not less than $25,000 in reliance on that determination on or before June 30,
1996; or

(2) Certified by Medicare to receive reimbursement as an ambulatory
primary care facility on or before June 30, 1996.

SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act may be
construed to require any existing and operating ambulatory primary care facility to obtain
a certificate of need if the facility has previously requested and received a determination
from the State Health Resources Planning Commission that the facility is exempt from
the certificate of need requirements, unless the facility seeks to expand its primary care
capacity after July 1, 1996.

(a)     The Health Resources Planning Commission, in consultation with the
Department of Health and Mental Hygiene and the Health Services Cost Review
Commission, shall study the impact on existing community health centers and other
primary care providers of any law, regulation, grant of a federal waiver, and any other
governmental action that authorizes or requires the enrollment of Maryland Medical
Assistance Program recipients into managed care plans or organizations.

(b)     The study shall include:

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