HARRY HUGHES, Governor                                          1507

WHEREAS, The Health Resources Planning Commission must have
the authority to collect the information necessary to develop a
viable State health plan and enforce its decisions consistent
with the health plan; and

WHEREAS, An important element of an effective health

planning process is a certificate of need program which equitably
and rationally allocates health care resources to meet the needs
of Maryland citizens; and

WHEREAS, The rapid and significant changes now occurring in
our health care system have rendered the criteria upon which
certificate of need decisions are based out of date, and
demonstrate the need to have ongoing authority to suspend review
of specified classes of projects for specified periods of time in
order to preserve the Health Resources Planning Commission's

ability to equitably and rationally allocate health care

resources; and

WHEREAS, Even a temporary limited suspension of a

certificate of need decision has potential implications for
Maryland's health industry and the delivery of health services
for our citizens; and

WHEREAS, The decision to impose a temporary suspension of
certificate of need reviews should rest with the Governor on the
recommendation of either the Health Resources Planning Commission
or the Health Services Cost Review Commission; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-107.

(d) (1) In addition to information that an applicant for a
certificate of need must provide, the Commission may request,
collect, and report any statistical or other information that:

[(1)] (I) Is needed by the Commission to perform its
duties described in Part I of this subtitle;

[(2)] (II) Is described in rules and regulations of
the Commission.

(2) IF A HEALTH CARE FACILITY FAILS TO PROVIDE
INFORMATION AS REQUIRED IN THIS SUBSECTION, THE COMMISSION MAY:

(I) IMPOSE A PENALTY OF NOT MORE THAN $5,000
$100 PER DAY FOR EACH DAY THE VIOLATION CONTINUES AFTER
CONSIDERATION OF THE WILLFULNESS AND SERIOUSNESS OF THE
WITHHOLDING AS WELL AS ANY PAST HISTORY OF WITHHOLDING OF
INFORMATION;