HARRY HUGHES, Governor                              1325

CARE. THE STANDARDS ARE TO BE REVIEWED AND REVISED
PERIODICALLY TO REFLECT NEW DEVELOPMENTS IN HEALTH PLANNING,
DELIVERY, AND TECHNOLOGY. IN ADOPTING STANDARDS REGARDING
COST, EFFICIENCY, COST-EFFECTIVENESS, OR FINANCIAL
FEASIBILITY. THE COMMISSION MAY TAKE INTO ACCOUNT THE
RELEVANT METHODOLOGIES OF THE HEALTH SERVICES COST REVIEW
COMMISSION.

(F) ANNUALLY, THE SECRETARY SHALL MAKE RECOMMENDATIONS
TO THE COMMISSION ON THE PLAN. THE SECRETARY MAY REVIEW AND
COMMENT ON STATE SPECIFICATIONS TO BE USED IN THE
DEVELOPMENT OF THE STATE HEALTH PLAN.

(G) ALL STATE AGENCIES AND DEPARTMENTS, DIRECTLY OR
INDIRECTLY INVOLVED WITH OR RESPONSIBLE FOR ANY ASPECT OF
REGULATING, FUNDING, OR PLANNING FOR THE HEALTH CARE
INDUSTRY OR PERSONS INVOLVED IN IT, SHALL CARRY OUT THEIR,
RESPONSIBILITIES IN A MANNER CONSISTENT WITH THE STATE
HEALTH PLAN AND AVAILABLE FISCAL RESOURCES'.

(H) IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS
ACT FOR HOSPITALS, THE COMMISSION SHALL RECOGNIZE AND NOT
APPLY, NOT DEVELOP, OR NOT DUPLICATE STANDARDS OR
REQUIREMENTS RELATED TO QUALITY WHICH HAVE BEEN ADOPTED AND
ENFORCED BY NATIONAL OR STATE LICENSING OR ACCREDITING
AUTHORITIES.

19-115.

(A) IN THIS SECTION, "HEALTH CARE SERVICE" MEANS ANY
CLINICALLY RELATED PATIENT SERVICE.

(B) THE COMMISSION MAY SET AN APPLICATION FEE FOR A
CERTIFICATE OF NEED FOR FACILITIES NOT ASSESSED A USER FEE
UNDER SECTION 19-121.

(C) THE COMMISSION SHALL ADOPT RULES AND REGULATIONS
FOR APPLYING FOR AND ISSUING CERTIFICATES OF NEED.

(D) THE COMMISSION MAY ADOPT, AFTER OCTOBER 1, 1983,
NEW THRESHOLDS OR METHODS FOR DETERMINING THE CIRCUMSTANCES
OR MINIMUM COST REQUIREMENTS UNDER WHICH A CERTIFICATE OF
NEED APPLICATION MUST BE FILED. THE COMMISSION SHALL STUDY
ALTERNATIVE APPROACHES AND RECOMMEND ALTERNATIVES THAT WILL
STREAMLINE THE CURRENT PROCESS, AND PROVIDE INCENTIVES FOR
MANAGEMENT FLEXIBILITY THROUGH THE REDUCTION OF INSTANCES IN
WHICH APPLICANTS MUST FILE FOR A CERTIFICATE OF NEED.

(E) A PERSON SHALL HAVE A CERTIFICATE OF NEED ISSUED
BY THE COMMISSION BEFORE THE PERSON DEVELOPS, OPERATES, OR
PARTICIPATES IN ANY' OF THE FOLLOWING HEALTH CARE PROJECTS
FOR WHICH A CERTIFICATE OF NEED IS REQUIRED UNDER THIS
SECTION.

(F) A CERTIFICATE OF NEED IS REQUIRED BEFORE A NEW
HEALTH CARE FACILITY IS BUILT, DEVELOPED, OR ESTABLISHED.