HARRY HUGHES, Governor

1329

(II) IS NOT OWNED BY OR LOCATED IN A
HEALTH CARE FACILITY IF, AT LEAST 30 DAYS BEFORE MAKING THE
CONTRACTUAL ARRANGEMENT TO ACQUIRE THE EQUIPMENT, 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 THE NOTICE, THAT THE
EQUIPMENT WILL BE USED TO PROVIDE SERVICES TO INPATIENTS OF
A HOSPITAL ON A REGULAR BASIS.

(M) SUBSECTIONS (E) THROUGH (M) SHALL TAKE EFFECT JULY
1, 1982.

19-116.

(A) IN THIS SECTION, "HEALTH MAINTENANCE ORGANIZATION"
MEANS A HEALTH MAINTENANCE ORGANIZATION UNDER SUBTITLE 7 OF
THIS TITLE OR UNDER THE FEDERAL PUBLIC HEALTH SERVICE ACT OF
1975.

(B) EXCEPT AS REQUIRED BY FEDERAL LAW, A CERTIFICATE
OF NEED IS NOT REQUIRED FOR A HEALTH MAINTENANCE
ORGANIZATION OR A HEALTH CARE FACILITY CONTROLLED DIRECTLY
OR INDIRECTLY BY A HEALTH MAINTENANCE ORGANIZATION. HOWEVER,
IF THE FEDERAL PUBLIC HEALTH SERVICE ACT IS REPEALED IN
WHOLE OR IN SUCH PARTS AS IT REFERS TO HEALTH MAINTENANCE
ORGANIZATIONS, HEALTH MAINTENANCE ORGANIZATIONS ARE SUBJECT
TO THE PROVISIONS OF CHAPTER (H.B. 1637) OF THE ACTS OF
THE GENERAL ASSEMBLY OF 1982.

19-117.

A CERTIFICATE OF NEED IS REQUIRED BEFORE AN AMBULATORY
CARE FACILITY:

(1) OFFERS ANY HEALTH SERVICE:

(I) THROUGH A HEALTH CARE FACILITY;

(II) IN SPACE LEASED FROM A HEALTH CARE
FACILITY; OR

(III) IN SPACE ON LAND LEASED FROM A
HEALTH CARE FACILITY;

(2) TO PROVIDE THOSE SERVICES, MAKES AN
EXPENDITURE, IF A CERTIFICATE OF NEED WOULD BE REQUIRED
UNDER SECTION 19-115(K) OF THIS SUBTITLE FOR THE EXPENDITURE
BY OR ON BEHALF OF A HEALTH CARE FACILITY;

(3) ACQUIRES MEDICAL EQUIPMENT IF A CERTIFICATE
OF NEED WOULD BE REQUIRED UNDER SECTION 19-115(L) OF THIS
SUBTITLE FOR THE ACQUISITION BY A HEALTH CARE FACILITY; OR

(4) DOES ANYTHING ELSE FOR WHICH THE FEDERAL ACT
REQUIRES A CERTIFICATE OF NEED AND THAT THE COMMISSION HAS
NOT EXEMPTED FROM THAT REQUIREMENT.