2664

LAWS OF MARYLAND

Ch. 911

(A) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT IT
IS A PRIORITY OF THE STATE OF MARYLAND TO ASSURE EQUAL
ACCESS TO QUALITY HEALTH CARE FOR ALL CITIZENS AT A
REASONABLE COST.

(B) THE STATE OF MARYLAND RECOGNIZES THE ACT OF
CONGRESS ENTITLED THE "NATIONAL HEALTH PLANNING AND
RESOURCES DEVELOPMENT ACT OF 1974" (PUBLIC LAW 93-641).

59D. DEFINITIONS.

(A) IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)         "AGGRIEVED PARTY" MEANS:

(1)    FOR PURPOSES OF APPEALING A DECISION OF THE
STATE AGENCY REGARDING A CERTIFICATE OF NEED:

(I)    A PERSON WHO HAS PRESENTED HIS
POSITION ON A HEALTH CARE PROJECT TO THE STATE AGENCY OR AND
TO THE AREA WIDE HEALTH SYSTEMS AGENCY PRICE TO THE DECISION
OF THE STATE AGENCY ON A HEALTH CARE PROJECT INCLUDING A
HEALTH CARE FACILITY, A NONPROFIT HEALTH SERVICE PLAN OR
COMMERCIAL INSURANCE COMPANY PROVIDING HEALTH CARE BENEFITS;
AND

(II)   IS ADVERSELY AFFECTED BY THE DECISION
OF THE STATE AGENCY ON THE PROJECT; AND

(III)  IS OTHER THAN AN AGENCY OF STATE
GOVERNMENT;

(2)    AN AREA WIDE HEALTH SYSTEMS AGENCY IF:

(I)    THE DECISION OF THE STATE AGENCY IS
INCONSISTENT WITH THE RECOMMENDATION OF THE AREA WIDE HEALTH
SYSTEMS AGENCY, AND

(II)   THE FEDERAL ACT REQUIRES THAT THE
AREA WIDE HEALTH SYSTEMS AGENCY BE PROVIDED WITH THE RIGHT
OF APPEAL TO AN ADMINISTRATIVE AGENCY.

(3)    FOR PURPOSES OF APPEALING A DECISION OF THE
STATE AGENCY REGARDING A MATTER OTHER THAN A CERTIFICATE OF
NEED, ANY PERSON ADVERSELY AFFECTED BY A DECISION OF THE
STATE AGENCY IN A CONTESTED CASE.

(C) "AREA WIDE HEALTH SYSTEMS AGENCY" MEANS AN ENTITY
ORGANIZED AND OPERATED PURSUANT TO THE FEDERAL ACT FOR THE
PURPOSE OF PERFORMING THE FUNCTIONS OF THE PLANNING AND
DEVELOPMENT OF HEALTH RESOURCES FOR A SPECIFIC GEOGRAPHIC
REGION OF THE STATE, IF DESIGNATED AS SUCH BY THE SECRETARY
OF HEALTH, EDUCATION AND WELFARE AFTER CONSULTATION WITH THE
GOVERNOR.

(D) "CAPITAL EXPENDITURE" INCLUDES ANY EXPENDITURE OF