HARRY HUGHES, Governor                              133.3

(C) UNTIL DECEMBER 31, 1982, A PARTY AGGRIEVED BY A
DECISION TO GRANT OR DENY AN APPLICATION FOR A CERTIFICATE
OF NEED MAY APPEAL THAT DECISION TO THE SECRETARY UNDER THE
REGULATIONS OF THE MARYLAND STATE HEALTH PLANNING AGENCY IN
EFFECT ON OCTOBER 1, 1982. THE SECRETARY SHALL DECIDE ANY
APPEAL FILED THROUGH THE CONCLUSION OF THAT CASE.

19-121.

ANY AGGRIEVED PARTY MAY NOT APPEAL A FINAL DECISION OF
THE COMMISSION TO THE BOARD OF REVIEW BUT MAY TAKE A DIRECT
JUDICIAL APPEAL WITHIN 30 DAYS OF THE FINAL DECISION OF THE
COMMISSION.

19-122.

(A) THE COMMISSION, IN LIEU OF THE APPLICATION FEES
PROVIDED FOR IN § 19-115(B) SHALL IMPOSE A USER FEE ON
FACILITIES AS DEFINED IN THIS SECTION.

(1) FOR THE PURPOSE OF THIS SECTION FACILITIES
SHALL MEAN: HOSPITALS, EXCLUDING KIDNEY DISEASE TREATMENT
UNITS; SPECIAL HOSPITALS; AND NURSING HOMES; EXCEPT THAT
FACILITIES SHALL NOT INCLUDE ANY AGENCY OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE.

(2) THE TOTAL USER FEES SHALL BE FOR AN AMOUNT
NOT TO EXCEED $1,000,000.

(3) THE TOTAL USER FEES SHALL BE REASONABLY
RELATED TO THE COST OF CARRYING OUT THE FUNCTIONS OF THE
COMMISSION INCLUDING THE COMPENSATION AND EXPENSES OF THE
COMMISSION, ITS OFFICERS, AGENTS AND EMPLOYEES; THE COST OF
RETIREMENT AND PENSION CONTRIBUTIONS, SOCIAL SECURITY,
HEALTH INSURANCE AND OTHER BENEFITS REQUIRED TO BE PAID BY
THE STATE FOR THE PERSONNEL OF THE COMMISSION; ITEMS OF
MAINTENANCE, SERVICES AND OPERATIONAL EXPENSES; AND ANY
REASONABLE COSTS OF THE HEALTH PLANNING AGENCIES PAID BY THE
COMMISSION. THE COMMISSION SHALL TAKE INTO CONSIDERATION
ANY LOCAL AND FEDERAL FUNDS AVAILABLE TO THE HEALTH PLANNING
AGENCIES IN ALLOCATING FUNDS TO THE HEALTH PLANNING
AGENCIES.

(4) THE COMMISSION SHALL PAY ALL FUNDS COLLECTED
FROM USER FEES AND APPLICATION FEES INTO THE GENERAL FUND OF
THE STATE.

(B) THE COMMISSION SHALL:

(1) EXCEPT AS PROVIDED IN THIS SECTION, ASSESS
EACH FACILITY THAT PORTION OF THE TOTAL USER FEE THAT
COMPARES ACTUAL ADMISSIONS OF EACH FACILITY TO THE TOTAL
ADMISSIONS OF ALL FACILITIES.

(2) ESTABLISH MINIMUM AND MAXIMUM ASSESSMENTS;
AND