BLAIR LEE III, Acting Governor                            2669

CARE PROJECT WHICH:

(I)    WAS NOT SUBJECT TO CERTIFICATE OF
CONFORMANCE REVIEW AS REQUIRED BY CHAPTER 222 OF THE ACTS OF
1968; AND

(II)   WAS COMPLETED AND IN OPERATION ON OR
BEFORE JUNE 1, 1978.

(3) A HEALTH CARE PROJECT WHICH RECEIVED A
VALID CERTIFICATE OF CONFORMANCE FROM THE STATE AGENCY PRIOR
TO THE EFFECTIVE DATE OF THIS ACT SHALL BE DEEMED TO HAVE
RECEIVED A VALID CERTIFICATE OF NEED PURSUANT TO THIS
SUBTITLE.

(B) THE STATE AGENCY SHALL PROMULGATE RULES AND
REGULATIONS AND SET STANDARDS REGARDING THE APPLICATION FOR
AND ISSUANCE OF CERTIFICATES OF NEED IN ACCORDANCE WITH THE
FEDERAL ACT AND THIS SUBTITLE.

(C)    IF THE STATE AGENCY RECEIVES AN APPLICATION FOR
APPROVAL OF A CERTIFICATE OF NEED FOR A HEALTH CARE PROJECT
WHICH WOULD EITHER CREATE A NEW HEALTH CARE SERVICE OR
ABOLISH AN EXISTING HEALTH CARE SERVICE, IT SHALL NOTIFY THE
FOLLOWING GOVERNMENT OFFICIALS OF THE FILING OF THE
APPLICATION:

(1)    THE MEMBERS OF THE GENERAL ASSEMBLY IN
WHOSE DISTRICT THE PROJECT IS PROPOSED;

(2)    THE COUNTY COUNCILMEN OR COUNTY
COMMISSIONERS IN WHOSE COUNTY THE PROJECT IS PROPOSED; AND

(3)    THE COUNTY EXECUTIVE, IF ONE EXISTS, IN
WHOSE COUNTY THE PROJECT IS PROPOSED.

(D)    (1) ALL DECISIONS OF THE STATE AGENCY ON AN
APPLICATION FOR A CERTIFICATE OF NEED SHALL BE GOVERNED BY

THE APPROPRIATE HEALTH SYSTEM PLAN PROVIDED FOR UNDER THE

FEDERAL ACT AND OTHER CRITERIA FOR REVIEW AS ESTABLISHED BY
THE STATE AGENCY.

(2) IN ORDER TO PROPERTY REVIEW AN APPLICATION

FOR A CERTIFICATE OF NEED, THE STATE AGENCY SHALL SEEK AND

CONSIDER DATA, INFORMATION, AND ADVICE FROM OTHER INTERESTED
DEPARTMENTS AND AGENCIES OF THE STATE, BUT SUCH INPUT SHALL

BE ADVISORY ONLY, AND THE STATE AGENCY SHALL ALONE HAVE

FINAL AND ABSOLUTE AUTHORITY AND THE NON-DELEGABLE

RESPONSIBILITY TO ACT UPON AN APPLICATION FOR A CERTIFICATE

OF NEED.

(E) AN APPLICATION FOR A CERTIFICATE OF NEED SHALL BE
ACTED UPON AND DISPOSED OF BY THE STATE AGENCY NO LATER THAN
210 DAYS AFTER REGISTRATION.

59K. VIOLATIONS.

THE CIRCUIT COURT FOR THE COUNTY WHERE A HEALTH CARE