2666

LAWS OF MARYLAND

Ch. 911

SERVICES OFFERED IN SPACE LEASED FROM THE HEALTH CARE

FACILITY, IN EXCESS OF LIMITS UPON SUCH CHANGE OR RELOCATION
ESTABLISHED BY THE STATE AGENCY IN ACCORDANCE WITH THE

FEDERAL ACT;

(I) THE RELOCATION TO A NEW SITE OR

CHANGE IN THE TYPE OR SCOPE OF HEALTH CARE SERVICES,

INCLUDING HEALTH CARE SERVICES OFFERED IN SPACE LEASED FROM

THE HEALTH CARE FACILITY, IN EXCESS OF LIMITS UPON SUCH

CHANGE OR RELOCATION ESTABLISHED BY THE STATE AGENCY, EXCEPT
THAT THIS PROVISION SHALL NOT APPLY TO AN INCREASE OR

DECREASE IN MAGNITUDE OF ANY SINGLE PATIENT SERVICE OVER A

2-YEAR PERIOD, BY WHICH THE FACILITY PLANS TO CHANGE THE
VOLUME OF THE SERVICE BY LESS THAN 25 PERCENT;

(II)   A CHANGE IN BED CAPACITY, IN EXCESS

OF THE LIMITS ESTABLISHED IN THE FEDERAL ACT EXCEPT THAT

THIS PROVISION SHALL NOT APPLY TO A CHANGE IN BED CAPACITY

WHICH DOES NOT INCREASE THE TOTAL NUMBER OF BEDS BY MORE

THAN 10 BEDS OR MORE THAN 10 PERCENT OF THE TOTAL BED
CAPACITY, WHICHEVER IS LESS, OVER A 2-YEAR PERIOD;

(III)  A CAPITAL EXPENDITURE IN EXCESS OF

THE LIMITS ESTABLISHED IN THE FEDERAL ACT., EXCEPT THAT THIS
PROVISION SHALL NOT APPLY TO:

(A) EXPENDITURES OF LESS THAN
$150,000; OR

(B) EXPENDITURES FOR SITE

ACQUISITIONS.

(K) "HEALTH CARE SERVICE" MEANS A CLINICALLY RELATED
PATIENT SERVICE PROVIDED BY A PERSON OR PROVIDED IN OR
THROUGH A HEALTH CARE FACILITY.

(L) "PERSON" INCLUDES AN INDIVIDUAL, RECEIVER,
TRUSTEE, GUARDIAN, EXECUTOR, ADMINISTRATOR, FIDUCIARY, OR
REPRESENTATIVE OF ANY KIND AND ANY PARTNERSHIP, FIRM,
ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, OR OTHER ENTITY.

(M) "STATE AGENCY" MEANS THE MARYLAND HEALTH PLANNING
AND DEVELOPMENT AGENCY.

(N) "SECRETARY" MEANS THE SECRETARY OF HEALTH AND
MENTAL HYGIENE.

(O) "HEALTH SYSTEM PLAN" MEANS ANY PLAN OR

MODIFICATION OR ADDITION THERETO ADOPTED BY A HEALTH SYSTEM

AGENCY PURSUANT TO THE FEDERAL ACT TO ESTABLISH AND

PRESCRIBE THE HEALTH CARE GOALS AND OBJECTIVES FOR ITS

ASSIGNED AREA.

59E. HEALTH PLANNING AND DEVELOPMENT AGENCY.

(A) THERE IS A MARYLAND HEALTH PLANNING AND
DEVELOPMENT AGENCY WITHIN THE DEPARTMENT.