HARRY HUGHES, Governor

2333

DRAWINGS, SPECIFICATIONS, AND OTHER ACTIVITIES ESSENTIAL TO
THE ACQUISITION, IMPROVEMENT, EXPANSION, OR REPLACEMENT OF
ANY PLANT OR EQUIPMENT, OR SUBSTANTIALLY CHANGES THE BED

CAPACITY OF THE FACILITY WITH RESPECT TO WHICH THE

EXPENDITURE IS MADE, OR

(III) SUBSTANTIALLY CHANGES THE SERVICES
OF SUCH FACILITY.

(II)  WHICH EXCEEDS $150,000 AFTER
ADJUSTMENT FOR INFLATION AS PROVIDED IN RULES AND
REGULATIONS ADOPTED BY THE STATE AGENCY, INCLUDING THE COST
OF ANY STUDIES, SURVEYS, DESIGNS, PLANS, WORKINGS, DRAWINGS,
SPECIFICATIONS, AND OTHER ACTIVITIES ESSENTIAL TO THE
ACQUISITION, IMPROVEMENT, EXPANSION, OR WHICH EXCEEDS THAT
SUM IN CONNECTION WITH THE REPLACEMENT OF ANY PLANT OR
EQUIPMENT; OR

(III)  WHICH SUBSTANTIALLY CHANGES THE BED
CAPACITY OF THE FACILITY WITH RESPECT TO WHICH THE
EXPENDITURE IS MADE; OR

(IV)  WHICH SUBSTANTIALLY CHANGES THE
SERVICES OF THE FACILITY WITH RESPECT TO WHICH THE FACILITY
EXPENDITURE IS MADE.

(3)  ANY DONATION OF EQUIPMENT OR FACILITIES TO A
HEALTH CARE FACILITY WHICH IF ACQUIRED DIRECTLY BY THE
FACILITY WOULD BE WITHIN THE MEANING OF PARAGRAPH (D)(2)
SHALL BE CONSIDERED A CAPITAL EXPENDITURE.

(4)  ANY TRANSFER OF EQUIPMENT OR FACILITIES FOR
LESS THAN FAIR MARKET VALUE SHALL BE CONSIDERED A CAPITAL
EXPENDITURE IF A TRANSFER OF THE EQUIPMENT AT FAIR MARKET
VALUE WOULD BE A CAPITAL EXPENDITURE.

(i) "Health Care Facility" means:

(1) A hospital or related institution as defined
in Article 43, § 556 of the Code;

[(2) A health maintenance organization as
defined in Article 43, § 842 of the Code;

(3)] (2) An ambulatory surgical facility which
is not part of a hospital and which provides surgical
treatment to patients not requiring overnight
hospitalization. The term ambulatory surgical facility does
not include the office of a private physician or dentist,
whether organized for individual or for group practice; [or]

[(4)] (3) A kidney disease treatment facility,
as defined by regulations of the United States Department of
Health, Education and Welfare[.];

(4) REHABILITATION FACILITIES; OR