2336

LAWS OF MARYLAND

Ch. 678

MEDICAL EQUIPMENT" DOES NOT INCLUDE MEDICAL EQUIPMENT
ACQUIRED BY OR ON BEHALF OF A CLINICAL LABORATORY TO PROVIDE
CLINICAL LABORATORY SERVICES IF THE CLINICAL LABORATORY IS
INDEPENDENT OF A PHYSICIAN'S OFFICE, A HOSPITAL, AND IT HAS
BEEN DETERMINED TO MEET THE REQUIREMENTS OF THE SOCIAL
SECURITY ACT OF 1935, AS AMENDED.

[(1)] (0) "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.

(P) "REHABILITATION FACILITY" MEANS, FOR PURPOSES OF
(M) OF THIS SECTION AND § 59J, AND INPATIENT FACILITY WHICH
IS OPERATED FOR THE PRIMARY PURPOSE OF ASSISTING IN THE
REHABILITATION OF DISABLED PERSONS THROUGH AN INTEGRATED
PROGRAM OF MEDICAL AND OTHER SERVICES WHICH ARE PROVIDED
UNDER COMPETENT PROFESSIONAL SUPERVISION. FOR ALL OTHER
PURPOSES THE TERM REHABILITATION FACILITY INCLUDES, AN
OUTPATIENT FACILITY.

(T) "STATE HEALTH PLAN" MEANS ANY PLAN, ITS
MODIFICATIONS OR ADDITIONS APPROVED BY THE STATEWIDE HEALTH
COORDINATING COUNCIL AND ESTABLISHED PURSUANT TO §
1524(C)(2)(A) OF THE FEDERAL ACT.

59J.

(a) (4) IN THE CASE OF A HEALTH MAINTENANCE
ORGANIZATION OR AN AMBULATORY CARE FACILITY, OR A HEALTH
MAINTENANCE ORGANIZATION OR A COMBINATION OF HEALTH
MAINTENANCE ORGANIZATIONS WHICH CONTROL DIRECTLY OR
INDIRECTLY AN AMBULATORY CARE FACILITY OR HEALTH CARE
FACILITY, A CERTIFICATE OF NEED SHALL ONLY BE REQUIRED FOR
THE OFFERING OF INPATIENT INSTITUTIONAL HEALTH SERVICES, THE
ACQUISITION OF MAJOR MEDICAL EQUIPMENT, THE OBLIGATION OF
CAPITAL EXPENDITURES FOR THE OFFERING OF INPATIENT
INSTITUTIONAL HEALTH SERVICES AND AS OTHERWISE PROVIDED FOR
IN THE FEDERAL ACT, AND THEN ONLY TO THE EXTENT THAT THE
REQUIREMENT IS NOT EXEMPTED BY STATE AGENCY REGULATIONS
CONSISTENT WITH THE FEDERAL ACT.

(5) NOTWITHSTANDING PARAGRAPH (A)(1), AN
APPLICATION FOR A CERTIFICATE OF NEED SHALL BE APPROVED FOR
A CAPITAL EXPENDITURE WHICH IS REQUIRED TO:

(I)  ELIMINATE OR PREVENT IMMINENT SAFETY
HAZARDS AS DEFINED BY FEDERAL, STATE, OR LOCAL FIRE,;.
BUILDING OR LIFE SAFETY CODES OR REGULATIONS;

(II)  COMPLY WITH STATE LICENSURE
STANDARDS; OR

(III)  COMPLY WITH ACCREDITATION STANDARDS
IN ORDER TO BE REIMBURSED UNDER TITLE XVIII OF THE SOCIAL
SECURITY ACT OR PAYMENTS UNDER A STATE PLAN FOR MEDICAL
ASSISTANCE APPROVED UNDER TITLE XIX OF THE SOCIAL SECURITY