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ROBERT L. EHRLICH, JR., Governor
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H.B. 1041
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(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 45 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
2. Is not inconsistent with:
A. The State health plan; or
B. An institution specific plan developed by the Commission
under § 19-119 of this subtitle.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2006.
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May 26, 2006
The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis, MD 21401
- 3757 -
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