896

LAWS OF MARYLAND

Ch. 21

(II) THE STANDARDS OF THE STATE AGENCY.

(2)  A PROJECT IS NOT INCONSISTENT WITH THE STATE
HEALTH PLAN ONLY BECAUSE THAT PLAN DOES NOT INCLUDE THE
SPECIFIC PROJECT.

(3)  UNLESS THE STATE AGENCY FINDS THAT THE
FACILITY OR SERVICE FOR WHICH THE PROPOSED EXPENDITURE IS TO
BE MADE IS NOT NEEDED OR IS NOT CONSISTENT WITH THE STATE
HEALTH PLAN, THE STATE AGENCY SHALL APPROVE AN APPLICATION
FOR A CERTIFICATE OF NEED REQUIRED UNDER § 19-112(G) OF THIS
SUBTITLE TO THE EXTENT THAT THE EXPENDITURE IS TO BE MADE
TO:

(I)  ELIMINATE OR PREVENT AN IMMINENT
SAFETY HAZARD, AS DEFINED BY FEDERAL, STATE, OR LOCAL FIRE,
BUILDING, OR LIFE SAFETY CODES OR REGULATIONS;

(II)  COMPLY WITH STATE LICENSING
STANDARDS; OR

(III)  COMPLY WITH ACCREDITATION STANDARDS
FOR REIMBURSEMENT UNDER TITLE XVIII OF THE SOCIAL SECURITY
ACT OR UNDER THE STATE MEDICAL ASSISTANCE PROGRAM APPROVED
UNDER TITLE XIX OF THE SOCIAL SECURITY ACT.

(D) DEADLINE FOR ACTION..

(1)  THE STATE AGENCY SHALL ACT ON AN APPLICATION
FOR A CERTIFICATE OF NEED WITHIN 210 DAYS AFTER THE STATE
AGENCY RECEIVES THE APPLICATION OR WITHIN ANY SHORTER PERIOD
THAT THE STATE AGENCY HAS SET FOR APPROVAL OR DISAPPROVAL OF
APPLICATIONS.

(2)  IF THE STATE AGENCY DOES NOT ACT ON AN
APPLICATION WITHIN THE REQUIRED PERIOD, THE APPLICANT MAY
FILE WITH A COURT OF COMPETENT JURISDICTION WITHIN 30 DAYS
AFTER THE EXPIRATION OF THE PERIOD A PETITION TO REQUIRE THE
STATE AGENCY TO ACT ON THE APPLICATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
41, §§ 59D(s) and (t) and 59J(a)(5), (c), (d),
and (e).

In subsection (d)(1) of this section, the former
reference to action on an "exemption" is deleted
as inconsistent with the requirements for
affirmative action, by the State agency, within
30 days after the filing of notices on certain
health care projects.

Defined terms: "Certificate of need" § 19-101
"Council" § 19-101 "State agency" § 19-101
"County" § 1-101