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H.B. 1015
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VETOES
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3. THE EXPENDITURE RESULTS IN A SUBSTANTIAL CHANCE
IN THE BED CAPACITY OF THE HEALTH CARE FACILITY; OR
4. THE EXPENDITURE RESULTS IN THE ESTABLISHMENT OF
A NEW MEDICAL SERVICE IN A HEALTH CARE FACILITY 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, 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;
2. THE EXPENDITURE IS MADE AS PART OF A REPLACEMENT
OF ANY PLANT AND EQUIPMENT AND IS MORE THAN $1,250,000 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; OR
4. THE EXPENDITURE RESULTS IN THE ESTABLISHMENT OF
A NEW MEDICAL SERVICE IN A HEALTH CARE FACILITY THAT WOULD REQUIRE A
CERTIFICATE OF NEED UNDER SUBSECTION (I) OF THIS SECTION.
[(2)](4) (3) A certificate of need is required before any equipment or
plant is donated to a health care facility, if a certificate of need would be required
under [paragraph (1)] PARAGRAPH (1), (3), OR (3) (1) OR (2) of this subsection for an
expenditure by the health care facility to acquire the equipment or plant directly.
[(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), (3), 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
- 3754 -
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