BLAIR LEE III, Acting Governor                           2667

(B) THE CHIEF EXECUTIVE OFFICER OF THE STATE AGENCY
IS THE EXECUTIVE DIRECTOR, WHO IS APPOINTED BY THE GOVERNOR
WITH THE ADVICE OF THE SECRETARY. THE EXECUTIVE DIRECTOR IS
RESPONSIBLE FOR THE ADMINISTRATION OF THE STATE AGENCY AND
FOR THE PERFORMANCE OF ITS FUNCTIONS. THE EXECUTIVE
DIRECTOR SHALL HAVE THE SALARY AND STAFF PROVIDED IN THE
STATE BUDGET.

(C) THE STATE AGENCY SHALL:

(1)    PERFORM THE FUNCTIONS REQUIRED BY THE
FEDERAL ACT AND THIS SUBTITLE;

(2)    ADMINISTER THE CERTIFICATE OF NEED PROGRAM
PURSUANT TO THE FEDERAL ACT AND THIS SUBTITLE;

(3)    ACT AS THE SOLE AGENCY WITHIN THE STATE TO
ADMINISTER THE STATE'S HEALTH PLANNING AND DEVELOPMENT
FUNCTION UNDER THE FEDERAL ACT AND THIS SUBTITLE;

(4)    ACT AS THE SOLE AGENCY WITHIN THE STATE TO
REPRESENT THE STATE FOR PURPOSES OF TITLE VI OF THE PUBLIC
HEALTH SERVICES ACT, AS AMENDED FROM TIME TO TIME.

(D) THE STATE AGENCY MAY:

(1)    REQUEST, COLLECT, AND REPORT STATISTICAL
DATA AND OTHER INFORMATION WHICH IS REQUIRED FOR THE
PERFORMANCE OF ITS DUTIES PURSUANT TO THE FEDERAL ACT, IF
NOT INCONSISTENT WITH STATE LAW; PROVIDED SUCH STATISTICAL
DATA AND OTHER INFORMATION ARE IDENTIFIED AND DESCRIBED IN
RULES AND REGULATIONS ADOPTED BY THE AGENCY UNDER THE
ADMINISTRATIVE PROCEDURE ACT, EXCEPT THAT THIS PROVISION
SHALL IN NO WAY LIMIT THE AUTHORITY OF THE STATE AGENCY TO
REQUEST DATA FROM AN APPLICANT FOR A CERTIFICATE OF NEED;

(2)    CONTRACT WITH ANY PERSON FOR SERVICES
NECESSARY TO CARRY OUT ITS FUNCTIONS, CONSISTENT WITH THE
LIMITATIONS OF THE FEDERAL ACT; AND

(3)    PROMULGATE RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SUBTITLE.

59F. REPORTS.

EVERY HEALTH CARE FACILITY SHALL REPORT TO THE STATE
AGENCY ANY INFORMATION REQUESTED BY THE AGENCY THAT IT IS
REQUIRED TO COLLECT PURSUANT TO THE FEDERAL ACT AND THIS
SUBTITLE; PROVIDED SUCH REPORTS AND THE DATE AND INFORMATION

SOUGHT THEREIN ARE IDENTIFIED AND DESCRIBED IN RULES AND

REGULATIONS ADOPTED BY THE AGENCY UNDER THE ADMINISTRATIVE

PROCEDURE ACT, EXCEPT THAT THIS PROVISION SHALL IN NO WAY

LIMIT THE AUTHORITY OF THE STATE AGENCY TO REQUEST DATA FROM
AN APPLICANT FOR A CERTIFICATE OF NEED.

59G. GOVERNOR.

THE GOVERNOR SHALL: