HARRY HUGHES, Governor                             2337

ACT, UNLESS THE STATE AGENCY FINDS THAT THE FACILITY OR
SERVICE WITH RESPECT TO WHICH THE CAPITAL EXPENDITURE IS
PROPOSED TO BE MADE IS NOT NEEDED OR THAT THE OBLIGATION OF
THE CAPITAL EXPENDITURE IS NOT CONSISTENT WITH THE STATE
HEALTH PLAN. AN APPLICATION FOR A CERTIFICATE OF NEED
APPROVED UNDER THIS SECTION PARAGRAPH SHALL BE APPROVED ONLY
TO THE EXTENT THAT THE CAPITAL EXPENDITURE IS REQUIRED TO
ELIMINATE OR PREVENT THE HAZARDS DESCRIBED IN PARAGRAPH (I)
OR TO COMPLY WITH THE STANDARDS DESCRIBED IN PARAGRAPH (II)
OR (III).

(6) (I) EXCEPT AS PROVIDED IN PARAGRAPH (A)(4),
A CERTIFICATE OF NEED SHALL NOT BE REQUIRED FOR THE
ACQUISITION OF MAJOR MEDICAL EQUIPMENT WHICH MAY NOT BE
OWNED BY OR LOCATED IN A HEALTH CARE FACILITY UNLESS THE
NOTICE REQUIRED BY PARAGRAPH (II) IS NOT FILED OR THE STATE
AGENCY FINDS WITHIN 30 DAYS AFTER THE DATE IT RECEIVES SUCH
NOTICE THAT THE EQUIPMENT WILL BE USED TO PROVIDE SERVICES
TO INPATIENTS OF A HOSPITAL.

(II)  BEFORE ANY PERSON ENTERS INTO A
CONTRACTUAL ARRANGEMENT TO ACQUIRE MAJOR MEDICAL EQUIPMENT
WHICH MAY NOT BE OWNED BY OR LOCATED IN A HEALTH CARE
FACILITY, THE PERSON SHALL NOTIFY THE AGENCY OF THE INTENT
TO ACQUIRE THE EQUIPMENT AND OF THE USE THAT WILL BE MADE OF
THE EQUIPMENT. THE NOTICE SHALL BE MADE IN WRITING AND
SHALL BE MADE AT LEAST 30 DAYS BEFORE CONTRACTUAL
ARRANGEMENTS ARE ENTERED INTO TO ACQUIRE THE EQUIPMENT.

(III)  FOR PURPOSES OF THIS SUBSECTION,
DONATIONS AND LEASES OF MAJOR MEDICAL EQUIPMENT, AND A
TRANSFER OF MAJOR MEDICAL EQUIPMENT FOR LESS THAN FAIR
MARKET VALUE SHALL BE CONSIDERED AN ACQUISITION OF MAJOR
MEDICAL EQUIPMENT, IF ITS FAIR MARKET VALUE IS AT LEAST
$150,000.

(b) The State agency shall promulgate rules and
regulations and set standards regarding the application for
and issuance of certificates of need, AND THE REQUIREMENTS
FOR OBTAINING A CERTIFICATE, in accordance with the federal
act and this subtitle.

(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], EXCEPT IN EMERGENCY
CIRCUMSTANCES POSING A THREAT TO PUBLIC HEALTH, BE
CONSISTANT WITH THE STATE PLAN OR THE APPLICABLE HEALTH
SYSTEMS PLAN provided for under the federal act and other
criteria for review as established by the State agency. THE
MERE FAILURE OF THE STATE HEALTH PLAN TO ADDRESS ANY
PARTICULAR PROJECT SHALL NOT ALONE BE DEEMED TO RENDER SUCH
PROJECT INCONSISTENT WITH THE STATE HEALTH PLAN.

(2) In order to properly 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