HARRY HUGHES, Governor

1521

(III) A CAPITAL EXPENDITURE MADE AS PART OF A
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 IF:

1. AT LEAST 45 DAYS BEFORE AN EXPENDITURE
IS MADE, WRITTEN NOTICE OF INTENT IS FILED WITH THE COMMISSION;
AND

2. WITHIN 45 DAYS OF RECEIVING NOTICE,
THE COMMISSION IN ITS SOLE DISCRETION FINDS THAT THE PROPOSED
CONSOLIDATION, MERGER, OR CONVERSION:

A. IS NOT INCONSISTENT WITH THE STATE
HEALTH PLAN OR ANY THE INSTITUTION SPECIFIC PLAN DEVELOPED BY THE
COMMISSION AS APPROPRIATE;

B. WILL RESULT IN THE DELIVERY OF MORE
EFFICIENT AND EFFECTIVE HEALTH CARE SERVICES; AND

C. IS IN THE PUBLIC INTEREST.; AND

3. WITHIN 45 DAYS OF RECEIVING NOTICE,
THE COMMISSION SHALL NOTIFY THE HEALTH CARE FACILITY OF ITS
FINDING.

(m) [Subsections (e) through (m) shall take effect July 1,
1982.] 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)  AT LEAST 30 45 DAYS BEFORE CLOSING, WRITTEN
NOTICE OF INTENT TO CLOSE IS FILED WITH THE COMMISSION; AND

(2)  WITHIN 30 DAYS OF RECEIVING NOTICE, THE

COMMISSION IN ITS SOLE DISCRETION FINDS THAT THE PROPOSED CLOSING
IS NOT INCONSISTENT WITH THE STATE HEALTH PLAN OR ANY THE
INSTITUTION SPECIFIC PLAN DEVELOPED BY THE C0MMISSION, OR AND IS
IN THE PUBLIC INTEREST.; AND

(3) WITHIN 45 DAYS OF RECEIVING NOTICE THE COMMISSION
SHALL NOTIFY THE HEALTH CARE FACILITY OF ITS FINDINGS.

(N) IN CONSIDERING A CERTIFICATE OF NEED UNDER THIS SECTION
PRIORITY SHALL BE GIVEN TO THE CONVERSION OF EXCESS ACUTE
CAPACITY TO ALTERNATIVE USES WHERE APPROPRIATE.

(O) (N) IN THIS SUBSECTION SECTION THE TERMS
"CONSOLIDATION" AND "MERGER" INCLUDE INCREASES AND DECREASES IN
BED CAPACITY OR SERVICES AMONG THE COMPONENTS OF AN ORGANIZATION
WHICH:

(1) OPERATES MORE THAN ONE HEALTH CARE FACILITY; OR