HARRY HUGHES, Governor                                      1517

PLAN, THE INSTITUTION SPECIFIC PLAN SHALL PREVAIL FOR A PERIOD OF
12 MONTHS FROM THE DATE OF ITS ADOPTION.

(C) IN THE DEVELOPMENT OF THE INSTITUTION SPECIFIC PLAN THE
COMMISSION SHALL GIVE PRIORITY TO THE CONVERSION OF ACUTE
CAPACITY TO ALTERNATIVE USES WHERE APPROPRIATE.

(D) (1) THE COMMISSION SHALL USE THE INSTITUTION SPECIFIC
PLAN IN REVIEWING CERTIFICATE OF NEED APPLICATIONS FOR
CONVERSION, EXPANSION, CONSOLIDATION, OR INTRODUCTION OF HOSPITAL
SERVICES IN CONJUNCTION WITH THE STATE HEALTH PLAN.

(2) IF THERE IS A CONFLICT BETWEEN THE STATE HEALTH
PLAN AND ANY RULE OR REGULATION ADOPTED BY THE COMMISSION IN
ACCORDANCE WITH TITLE 10, SUBTITLE 1 OF THE STATE GOVERNMENT
ARTICLE TO IMPLEMENT AN INSTITUTION SPECIFIC PLAN THAT IS
DEVELOPED FOR IDENTIFYING ANY EXCESS CAPACITY IN BEDS AND
SERVICES, THE PROVISIONS OF WHICHEVER PLAN THAT IS MOST RECENTLY
ADOPTED SHALL CONTROL.

(3) IMMEDIATELY UPON ADOPTION OF THE INSTITUTION
SPECIFIC PLAN THE HEALTH RESOURCES PLANNING COMMISSION SHALL
BEGIN THE PROCESS OF INCORPORATING THE INSTITUTION SPECIFIC PLAN
INTO THE STATE HEALTH PLAN AND SHALL COMPLETE THE INCORPORATION
WITHIN 12 MONTHS.

19-115.

(h) (1) A certificate of need is required before the bed
capacity of a health care facility is changed.

(2) [This subsection does not apply to any increase
or decrease in bed capacity if, during a 2 year period, the
increase or decrease would not exceed the lesser of 10 percent of
the total bed capacity or 10 beds.] THIS SUBSECTION DOES NOT
APPLY TO ANY INCREASE OR DECREASE IN BED CAPACITY IF:

(I)  DURING A 2-YEAR PERIOD THE INCREASE OR
DECREASE WOULD NOT EXCEED THE LESSER OF 10 PERCENT OF THE TOTAL
BED CAPACITY OR 10 BEDS; OR

(II) 1. AT LEAST 30 45 DAYS BEFORE INCREASING
OR DECREASING BED CAPACITY, WRITTEN NOTICE OF INTENT TO CHANGE
BED CAPACITY IS FILED WITH THE COMMISSION; AND

2. WITHIN 30 DAYS OF RECEIVING NOTICE,
THE COMMISSION IN ITS SOLE DISCRETION FINDS THAT THE PROPOSED
CHANGE:

A. IS PURSUANT TO THE CONSOLIDATION OR
MERGER OF 2 OR MORE HEALTH CARE FACILITIES, OR CONVERSION OF A
HEALTH CARE FACILITY OR PART OF A FACILITY TO A NONHEALTH RELATED
USE;