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2006 LAWS OF MARYLAND
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Ch. 541
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(ii) Any subcategory of the rehabilitation, psychiatry,
comprehensive care, or intermediate care categories of health care services for which
need is projected in the State health plan.
(c) The Commission shall adopt rules and regulations for applying for and
issuing certificates of need.
(k) (1) A certificate of need is required before any of the following capital
expenditures are made by or on behalf of a [health care facility] HOSPITAL:
(i) Any expenditure that, under generally accepted accounting
principles, is not properly chargeable as an operating or maintenance expense, if:
1. The expenditure is made as part of an acquisition,
improvement, or expansion, and, after adjustment for inflation as provided in the
regulations of the Commission, the total expenditure, including the cost of each study,
survey, design, plan, working drawing, specification, and other essential activity, is
more than [$1,250,000] $10,000,000;
2. The expenditure is made as part of a replacement of any
plant and equipment of the [health care facility] HOSPITAL and is more than
[$1,250,000]$10,000,000 after adjustment for inflation as provided in the regulations
of the Commission;
3. The expenditure results in a substantial change in the bed
capacity of the [health care facility] HOSPITAL; or
4. The expenditure results in the establishment of a new
medical service in a [health care facility] HOSPITAL that would require a certificate
of need under subsection (i) of this section; or
(ii) Any expenditure that is made to lease or, by comparable
arrangement, obtain any plant or equipment for the [health care facility] HOSPITAL,
if:
1. The expenditure is made as part of an acquisition,
improvement, or expansion, and, after adjustment for inflation as provided in the
rules and regulations of the Commission, the total expenditure, including the cost of
each study, survey, design, plan, working drawing, specification, and other essential
activity, is more than [$1,250,000] $10,000,000;
2. The expenditure is made as part of a replacement of any
plant and equipment and is more than [$1,250,000] $10,000,000 after adjustment for
inflation as provided in the regulations of the Commission;
3. The expenditure results in a substantial change in the bed
capacity of the [health care facility] HOSPITAL; or
4. The expenditure results in the establishment of a new
medical service in a [health care facility] HOSPITAL that would require a certificate
of need under subsection (i) of this section.
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