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ROBERT L. EHRLICH, JR., Governor Ch. 541
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B. THE COMMISSION HAS NOT MADE THE FINANCIAL
DETERMINATION REQUIRED UNDER ITEM 2 OF THIS SUBPARAGRAPH WITHIN 60
DAYS OF THE RECEIPT OF THE RELEVANT FINANCIAL INFORMATION; and
2. The relevant financial information to be submitted by the
hospital is defined in regulations adopted by the Commission after consultation with
the Health Services Cost Review Commission.
[(6)] (8) (7) Paragraph [(5)(vi), (vii), (viii), and (ix)] (7)(VI) (6)(VI), (VII),
(VIII), AND (IX) of this subsection may not be construed to permit a facility to offer a
new health care service for which a certificate of need is otherwise required.
[(7)](9) (8) Subject to the notice requirements of paragraph [(5)(ii)]
(7)(II) (6)(II) of this subsection, a hospital may acquire a freestanding ambulatory
surgical facility or office of one or more health care practitioners or a group practice
with one or more operating rooms used primarily for the purpose of providing
ambulatory surgical services if the facility, office, or group practice:
(i) Has obtained a certificate of need;
(ii) Has obtained an exemption from certificate of need
requirements; or
(iii) Did not require a certificate of need in order to provide
ambulatory surgical services after June 1, 1995.
[(8)] (10) (9) Nothing in this subsection may be construed to permit a
hospital to build or expand its ambulatory surgical capacity in any setting owned or
controlled by the hospital without obtaining a certificate of need from the
Commission if the building or expansion would increase the surgical capacity of the
State's health care system.
(1) A certificate of need is not required to close any hospital or part of a
hospital as defined in § 19-301 of this title if:.
(1) [(i)] Except as provided in paragraph (2) of this subsection, at AT
least 45 days before the closing or partial closing of a hospital, including a State
hospital, a person proposing to close all or part of the hospital files notice of the
proposed closing or partial closing with the Commission; [and
(ii) (2) Within FOR A HOSPITAL LOCATED IN A COUNTY WITH
FEWER THAN THREE HOSPITALS. WITHIN 30 days after receipt of the notice of intent
to close, the hospital, in consultation with the Commission, holds a public
informational hearing in the county where the hospital is located;] or
(2) (i) For a hospital located in a county with fewer than three
hospitals, at least 15 days before the closing or partial closing of the hospital, a person
proposing to close all or part of the hospital files notice of the proposed closing or
partial closing with the Commission; and
(ii) The Commission finds that the closing:
1. Is in the public interest; and
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