HARRY HUGHES, Governor

893

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 STATE AGENCY AND THE STATE AGENCY DOES NOT FIND, WITHIN
30 DAYS AFTER THE STATE AGENCY RECEIVES THE NOTICE, THAT THE
EQUIPMENT WILL BE USED TO PROVIDE SERVICES TO INPATIENTS OF
A HOSPITAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
41, §§ 59D(d), (j)(l), (2), (3), (4), and (6),
(k), and (n) and 59J(a)(l) and (6).

This section is revised to incorporate the
substance of former Article 41, § 59D(d) and
(j)(l), (2), (3), (4), and (6), which defined the
terms "capital expenditure" and "health care
project", since those terms appear only in this
section. Therefore, separate definitions of
those terms are not needed. Similarly, former
Article 41, § 59D(k), which defined "health care
service", is defined for purposes of this section
as that term only appears here.

In subsection (a) of this section, the former
reference to services "provided by a person or
provided in or through a health care facility" is
deleted as unnecessary since the defined term
"person" includes a health care facility.
Similarly, in subsection (b) of this section, the
former specific reference to a "health care
facility" is deleted as unnecessary in light of
the use of the defined term "person".

Former Article 41, § 59J(a)(2) and (3), which
exempted certain health care projects subject to
the law before June 1, 1978, is transferred to
the Session Laws.

Former Article 41, § 59D(j)(5), which required a
certificate of need for new institutional health
services, is deleted as unnecessary in light of
subsection (e) of this section.

Defined terms: "Certificate of need" § 19-101
"Health care facility" § 19-101
"Includes"/"including" § 1-101
"Person" § 1-101 "State agency" § 19-101
"Physician" § 1-101

19-113. HEALTH MAINTENANCE ORGANIZATIONS AND AMBULATORY
CARE FACILITY.

(A) "HEALTH MAINTENANCE ORGANIZATION" DEFINED.