HARRY HUGHES, Governor

895

REVISOR'S NOTE: This section formerly appeared as
Article 41, § 59J(b).

The former reference to "requirements for
obtaining" is deleted as unnecessary in light of
the broad reference to "standards for
issuing".

The former phrase "in accordance with the federal
act and this subtitle" is deleted as unnecessary.

The only other changes are in style.

Defined terms: "Certificate of need" § 19-101
"State agency" § 19-101

19-115. ACTION ON APPLICATIONS.

(A)  NOTICE.

IF THE STATE AGENCY RECEIVES AN APPLICATION FOR A
CERTIFICATE OF NEED FOR A HEALTH CARE PROJECT THAT WOULD
CREATE A NEW HEALTH CARE SERVICE OR ABOLISH AN EXISTING
HEALTH CARE SERVICE, THE STATE AGENCY SHALL GIVE THE
FOLLOWING GOVERNMENT OFFICIALS NOTICE OF THE FILING:

(1)  EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE
DISTRICT THE ACTION IS PLANNED;

(2)  EACH MEMBER OF THE GOVERNING BODY FOR THE
COUNTY WHERE THE ACTION IS PLANNED; AND

(3)  THE COUNTY EXECUTIVE, IF ANY, IN WHOSE
COUNTY THE ACTION IS PLANNED.

(B)  EVALUATION OF APPLICATIONS.

TO REVIEW AN APPLICATION FOR A CERTIFICATE OF NEED
PROPERLY, THE STATE AGENCY SHALL SEEK AND CONSIDER
INFORMATION AND ADVICE FROM OTHER INTERESTED AGENCIES OF
THIS STATE. HOWEVER, THE STATE AGENCY HAS FINAL
RESPONSIBILITY AND AUTHORITY, WHICH IT MAY NOT DELEGATE, TO
ACT ON THE APPLICATION.

(C)  APPROVAL REQUIRED.

(1) UNLESS ANY EMERGENCY POSES A THREAT TO
PUBLIC HEALTH, THE STATE AGENCY SHALL MAKE ITS DECISION IN
ACCORDANCE WITH:

(I) THE CURRENT STATE HEALTH PLAN APPROVED
BY THE COUNCIL UNDER THE FEDERAL ACT OR AN APPLICABLE PLAN
OF A HEALTH SYSTEMS AGENCY; AND