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ROBERT L. EHRLICH, JR., Governor
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Ch. 541
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[(3)](5) (4) A certificate of need is required before any equipment or
plant is transferred to a health care facility at less than fair market value if a
certificate of need would be required under [paragraph (1)] PARAGRAPH (1), (2), OR (3)
(1) OR (2) of this subsection for the transfer at fair market value.
[(4)](6) (5) A certificate of need is required before a person acquires, a
health care facility if a certificate of need would be required under [paragraph (1)]
PARAGRAPH (1), (2), OR (3) (1) OR (2) of this subsection for the acquisition by or on
behalf of the health care facility.
[(5)](7) (6) This subsection does not apply to:
(i) Site acquisition;
(ii) Acquisition of a health care facility if, at least 30 days before
making the contractual arrangement to acquire the facility, written notice of the
intent to make the arrangement is filed with the Commission and the Commission
does not find, within 30 days after the Commission receives notice, that the health
services or bed capacity of the facility will be changed, provided that, for a merger
with or acquisition of an existing general hospice, the purchaser of the general
hospice may only acquire the authority to provide home-based hospice services in
jurisdictions in which the seller of the general hospice is licensed to provide
home-based hospice services;
(iii) Acquisition of business or office equipment that is not directly
related to patient care;
(iv) Capital expenditures to the extent that they are directly related
to the acquisition and installation of major medical equipment;
(v) A capital expenditure made as part of a consolidation or merger
of 2 or more health care facilities, or conversion of a health care facility or part of a
facility to a nonhealth-related use if:
1. At least 45 days before an expenditure is made, written
notice of intent is filed with the Commission;
2. Within 45 days of receiving notice, the Commission in its
sole discretion finds that the proposed consolidation, merger, or conversion:
A. Is not inconsistent with the State health plan or the
institution-specific plan developed by the Commission as appropriate;
B. Will result in the delivery of more efficient and effective
health care services; and
C. Is in the public interest; and
3. Within 45 days of receiving notice, the Commission shall
notify the health care facility of its finding;
(vi) A capital expenditure by a nursing home for equipment,
construction, or renovation that:
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