1296

LAWS OF MARYLAND

Ch. 108

If the State agency receives an application for a
certificate of need for a health care project that would
create a new health care service or abolish an existing
health care service, the State agency shall give the
following government officials notice of the filing:

(1)  Each member of the General Assembly in whose
district the action is planned;

(2)  Each member of the governing body for the
county where the action is planned; and

(3)  The county executive, if any, in whose
county the action is planned.

(b)  Evaluation of applications.

To review an application for a certificate of need
properly, the State agency shall seek and consider
information and advice from other interested agencies of
this State. However, the State agency has final
responsibility and authority, which it may not delegate, to
act on. the application.

(c)  Approval required.

(1)  Unless any emergency poses a threat to
public health, the State agency shall make its decision in
accordance with:

(i) The current State health plan approved
by the Council under the Federal Act or an applicable plan
of a health systems agency; and

(ii) The standards of the State agency.

(2)  A project is not inconsistent with the State
health plan only because that plan does not include the
specific project.

(3) Unless the State agency finds that the
facility or service for which the proposed expenditure is to
be made is not needed or is not consistent with the State
health plan, the State agency shall approve an application
for a certificate of need required under § 19-112(g) of this
subtitle to the extent that the expenditure is to be made
to:

(i) Eliminate or prevent an imminent
safety hazard, as defined by federal, State, or local fire,
building, or life safety codes or regulations;

(ii) Comply with State licensing
standards; or