HARRY HUGHES, Governor

897

"Includes"/"including" § 1-101

19-116. INJUNCTION.

THE CIRCUIT COURT FOR THE COUNTY WHERE A HEALTH CARE
PROJECT IS BEING DEVELOPED OR OPERATED IN VIOLATION OF PART
I OF THIS SUBTITLE MAY ENJOIN FURTHER DEVELOPMENT OR
OPERATION.

REVISOR'S NOTE: This section formerly appeared as
Article 41, § 59K.

The only changes are in style.

Defined term: "County" § 1-101

19-117. APPEAL OF ADMINISTRATIVE DECISION.

(A)  "AGGRIEVED PARTY" DEFINED.

IN THIS SECTION, "AGGRIEVED PARTY" MEANS:

(1)  FOR PURPOSES OF AN APPEAL FROM A DECISION OF
THE STATE AGENCY ON A CERTIFICATE OF NEED, A PERSON,
INCLUDING ANY HEALTH CARE FACILITY, NONPROFIT HEALTH SERVICE
PLAN, OR COMMERCIAL INSURANCE COMPANY PROVIDING HEALTH CARE
BENEFITS, WHO:

(I)  HAS PRESENTED A POSITION ON A HEALTH
CARE PROJECT TO THE STATE AGENCY AND TO THE HEALTH SYSTEMS
AGENCY BEFORE THE DECISION OF THE STATE AGENCY ON A HEALTH
CARE PROJECT;

(II)  IS AFFECTED ADVERSELY BY THE DECISION
OF THE STATE AGENCY ON THE PROJECT; AND

(III)  IS NOT AN AGENCY OF THIS STATE;

(2)  A HEALTH SYSTEMS AGENCY, IF:

(I)  THE DECISION OF THE STATE AGENCY IS
INCONSISTENT WITH THE RECOMMENDATION OF THE HEALTH SYSTEMS
AGENCY; AND

(II)  THE FEDERAL ACT REQUIRES THAT THE
HEALTH SYSTEMS AGENCY HAVE A RIGHT OF APPEAL TO AN
ADMINISTRATIVE AGENCY; AND

(3)  FOR PURPOSES OF AN APPEAL FROM A DECISION OF
THE STATE AGENCY ON A MATTER OTHER THAN A CERTIFICATE OF
NEED, A PERSON WHO IS AFFECTED ADVERSELY BY THE DECISION OF
THE STATE AGENCY IN A CONTESTED CASE.

(B)  DECISION OF STATE AGENCY.