HARRY HUGHES, Governor

2335

(6) (I) THE ACQUISITION OF AN EXISTING HEALTH
CARE FACILITY ONLY IF THE NOTICE REQUIRED BY PARAGRAPH (II)
IS NOT FILED OR THE STATE AGENCY FINDS WITHIN 30 DAYS AFTER
IT RECEIVES THE NOTICE THAT THE SERVICES OR BED CAPACITY OF
THE FACILITY BEING ACQUIRED WILL BE CHANGED.

(II) BEFORE ANY PERSON ENTERS INTO A
CONTRACTUAL ARRANGEMENT TO ACQUIRE AN EXISTING HEALTH CARE
FACILITY WHICH WILL REQUIRE THE OBLIGATION OF A CAPITAL
EXPENDITURE, THE PERSON SHALL NOTIFY THE STATE AGENCY OF THE
INTENT TO ACQUIRE THE FACILITY, THE SERVICES TO BE OFFERED
IN THE FACILITY, AND THE FACILITY'S BED CAPACITY. THE
NOTICE SHALL BE MADE IN WRITING AND SHALL BE MADE AT LEAST
30 DAYS BEFORE CONTRACTUAL ARRANGEMENTS ARE ENTERED INTO TO
ACQUIRE THE FACILITY.

(L) "HEALTH MAINTENANCE ORGANIZATION" MEANS A PUBLIC
OR PRIVATE ORGANIZATION, ORGANIZED UNDER ARTICLE 43, § 840
ET SEQ. OF THE CODE, WHICH:

(1)  IS A QUALIFIED HEALTH MAINTENANCE
ORGANIZATION UNDER THE FEDERAL PUBLIC HEALTH SERVICE ACT OF
1975, AS AMENDED; OR

(2) (I) PROVIDES OR OTHERWISE MAKES AVAILABLE TO
ENROLLED PARTICIPANTS HEALTH CARE SERVICES, INCLUDING USUAL
PHYSICIAN SERVICES, HOSPITALIZATION, LABORATORY, X-RAY,
EMERGENCY AND PREVENTIVE SERVICES, AND OUT OF AREA COVERAGE;

(II)  IS COMPENSATED (EXCEPT FOR
COPAYMENTS), ON A PERIODIC BASIS WITHOUT REGARD TO THE DATE
THE HEALTH CARE SERVICES ARE PROVIDED FOR BASIC HEALTH CARE
SERVICES WITHOUT REGARD TO THE FREQUENCY, EXTENT, OR KIND OF
HEALTH SERVICE ACTUALLY PROVIDED; AND

(III)  PRIMARILY PROVIDES PHYSICIANS'
SERVICES DIRECTLY THROUGH PHYSICIANS WHO ARE EITHER
EMPLOYEES OR PARTNERS OF A HEALTH MAINTENANCE ORGANIZATION,
OR THROUGH ARRANGEMENTS WITH INDIVIDUAL PHYSICIANS OR ONE OR
MORE GROUPS OF PHYSICIANS ORGANIZED ON A GROUP PRACTICE OR
INDIVIDUAL PRACTICE BASIS.

(M) "INSTITUTIONAL HEALTH SERVICES" MEANS HEALTH
SERVICES WHICH ARE PROVIDED THROUGH HEALTH CARE FACILITIES,
INCLUDING HEALTH CARE SERVICES OFFERED IN SPACE LEASED FROM
HEALTH CARE FACILITIES OR IN A BUILDING LOCATED ON LAND
LEASED FROM HEALTH CARE FACILITIES, WHICH INCUR ANNUAL
OPERATING COSTS OF AT LEAST $75,000 FOR A 12 MONTH PERIOD AS
PROVIDED IN THE FEDERAL ACT

(N) "MAJOR MEDICAL EQUIPMENT" MEANS MEDICAL EQUIPMENT
WHICH IS USED FOR THE PROVISION OF MEDICAL AND OTHER HEALTH
SERVICES AND WHICH COSTS IN EXCESS OF $150,000 THE VALUE OF
STUDIES, SURVEYS, DESIGNS, PLANS, WORKING DRAWINGS,
SPECIFICATIONS, AND OTHER ACTIVITIES ESSENTIAL TO THE
ACQUISITION OF SUCH EQUIPMENT SHALL BE INCLUDED. "MAJOR