1242 LAWS OF MARYLAND Ch. 102
WHEREAS, These factors necessitate an immediate
time-limited deferral of certain certificate of need applications
in order to afford the General Assembly the opportunity to review
methods by which the certificate of need process can be
streamlined and made more efficient and to review a comprehensive
set of legislative initiatives designed to address the issues and
challenges now confronting our health care system; now,
therefore, and
WHEREAS, Since delay in certain certificate of need
applications could negatively impact affect the public health or
cause unnecessary burdens for persons whose applications are
unrelated to the purpose of this review, exemptions from this Act
are justified and necessary; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That, except as provided below, the Health Resources
Planning Commission may not receive or act on any certificate of
need application under Title 19 of the Health - General Article
until October 1, 1985.
The Commission may shall receive and act on any certificate
of need application , including but not limited to an application
concerning replacement equipment, that the Commission finds in
its sole discretion, addresses an emergency circumstance posing a
threat to public health.
Further, the Commission shall receive and act on any
certificate of need application for replacement equipment that
the Commission finds, in its sole discretion, is justified for
the continued effective and efficient delivery of services.
Further, the Commission may complete consideration of and
shall act on any application by or on behalf of a related
facility institution as defined in § 19-301 of the Health -
General Article or any application for medical equipment if the
application is from a hospital that is the sole provider of
general hospital services located in a county if that application
was those applications were docketed on or before February 1,
1985 or if those applications were received prior to November 30,
1984.
Further, the Commission may complete consideration of and
act on any application that has been suspended by a request for
reconsideration.
Further, the Commission may receive and act on any
certificate of need application by or on behalf of a hospital, as
defined in § 19-39? 19-301 of the Health - General Article, if,
after consultation with the Health Services Cost Review
Commission, the Commission finds that the application: (a) is
unrelated to clinical services; (b) will not increase net
inpatient revenues to the applicant facility; (c) is primarily
intended to enhance the efficiency of the facility; and (d)
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