HARRY HUGHES, Governor                                     3269

(4)  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) of this subsection for the
acquisition by or on behalf of the health care facility.

(5)  This subsection does not apply to:

(i) Site acquisition; or

(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.

(1) (1) A certificate of need is required before medical
equipment that is to be used to provide health care services is
leased or otherwise acquired by a health care facility if the
total cost of the equipment, including each study, survey,
design, plan, working drawing, specification, and other essential
activity, exceeds $400,000 after adjustment for inflation as
provided in the regulations of the Commission.

(2)  A certificate of need is required before medical
equipment is donated to a health care facility, if a certificate
of need would be required under paragraph (1) of this subsection
for the health care facility to acquire the equipment directly.

(3)  A certificate of need is required before medical
equipment is transferred to a health care facility at less than
fair market value, if a certificate of need would be required
under paragraph (1) of this subsection for the transfer at fair
market value.

(4)  This subsection does not apply to medical
equipment that:

(i) Is acquired by or on behalf of a clinical
laboratory, as defined under the Social Security Act of 1935, if
the clinical laboratory is not part of a hospital or the office
of a physician; or

(ii) Is not owned by or located in a health
care facility if, at least 30 days before making the contractual
arrangement to acquire the equipment, 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 the notice, that the equipment will be used to provide
services to inpatients of a hospital on a regular basis.

(m) Subsections (e) through (m) shall take effect July 1,
1982.