1328

LAWS OF MARYLAND

Ch. 108

(3) A CERTIFICATE OF NEED IS REQUIRED BEFORE ANY
EQUIPMENT OR PLANT IS TRANSFERRED TO A HEALTH CARE FACILITY
AT LESS THAN FAIR MARKET VALUE IF A CERTIFICATE OF NEED
WOULD BE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR
THE TRANSFER AT FAIR MARKET VALUE.

(4) A CERTIFICATE OF NEED IS REQUIRED BEFORE A
PERSON ACQUIRES A HEALTH CARE FACILITY IF A CERTIFICATE OF
NEED WOULD BE REQUIRED UNDER PARAGRAPH (1) OF 'THIS
SUBSECTION FOR THE ACQUISITION BY OR ON BEHALF OF THE
HEALTH CARE FACILITY.

(5) THIS SUBSECTION DOES NOT APPLY TO:

(I) SITE ACQUISITION; OR

(II) ACQUISITION OF A HEALTH CARE FACILITY
IF, AT LEAST 30 DAYS BEFORE MAKING THE CONTRACTUAL
ARRANGEMENT TO ACQUIRE THE FACILITY, WRITTEN NOTICE OF THE
INTENT TO MAKE THE ARRANGEMENT IS FILED WITH THE COMMISSION
AND THE COMMISSION DOES NOT FIND, WITHIN 30 DAYS AFTER THE
COMMISSION RECEIVES NOTICE, THAT THE HEALTH SERVICES OR BED
CAPACITY OF THE FACILITY WILL BE CHANGED.

(L) (1) A CERTIFICATE OF NEED IS REQUIRED BEFORE
MEDICAL EQUIPMENT THAT IS TO BE USED TO PROVIDE HEALTH CARE
SERVICES IS LEASED OR OTHERWISE ACQUIRED BY A HEALTH CARE
FACILITY IF THE TOTAL COST OF THE EQUIPMENT, INCLUDING EACH
STUDY, SURVEY, DESIGN, PLAN, WORKING DRAWING, SPECIFICATION,
AND OTHER ESSENTIAL ACTIVITY, EXCEEDS $400,000 AFTER
ADJUSTMENT FOR INFLATION AS PROVIDED IN THE REGULATIONS OF
THE COMMISSION.

(2) A CERTIFICATE OF NEED IS REQUIRED BEFORE
MEDICAL EQUIPMENT IS DONATED TO A HEALTH CARE FACILITY, IF A
CERTIFICATE OF NEED WOULD BE REQUIRED UNDER PARAGRAPH (1) OF
THIS SUBSECTION FOR THE HEALTH CARE FACILITY TO ACQUIRE THE
EQUIPMENT DIRECTLY.

(3) A CERTIFICATE OF NEED IS REQUIRED BEFORE
MEDICAL EQUIPMENT IS TRANSFERRED TO A HEALTH CARE FACILITY
AT LESS THAN FAIR MARKET VALUE, IF A CERTIFICATE OF NEED
WOULD BE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR
THE TRANSFER AT FAIR MARKET VALUE.

(4) THIS SUBSECTION DOES NOT APPLY TO MEDICAL
EQUIPMENT THAT:

(I) IS ACQUIRED BY OR ON BEHALF OF A
CLINICAL LABORATORY, AS DEFINED UNDER THE SOCIAL SECURITY
ACT OF 1935, IF THE CLINICAL LABORATORY IS NOT PART OF A
HOSPITAL OR THE OFFICE OF A PHYSICIAN: OR