HARRY HUGHES, Governor

1525

(III) (II) ALLOWANCES TO PERMIT A SURVIVING
INSTITUTION IN A MERGER TO GENERATE CAPITAL TO CONVERT A CLOSED
FACILITY TO AN ALTERNATE USE; OR

(IV) (III) AGREEMENTS TO ALLOW RETENTION OF A
PORTION OF THE SAVINGS THAT RESULT FOR A DESIGNATED PERIOD OF
TIME.

19-123.

(A)  NOTWITHSTANDING THE FACT THAT A MERGER OR CONSOLIDATION
MAY LIMIT FREE ECONOMIC COMPETITION, THE COMMISSION MAY APPROVE
THE MERGER OR CONSOLIDATION OF 2 OR MORE HOSPITALS IF IT THE
MERGER OR CONSOLIDATION:

(1)  IS NOT INCONSISTENT WITH THE STATE HEALTH PLAN OR
ANY INSTITUTION SPECIFIC PLAN;

(2)  WILL RESULT IN THE DELIVERY OF MORE EFFICIENT AND
EFFECTIVE HOSPITAL SERVICES; AND

(3)  IS IN THE PUBLIC INTEREST.

(B)  NOTWITHSTANDING THE FACT A MERGER OR CONSOLIDATION OR
THE JOINT OWNERSHIP AND OPERATION OF MAJOR MEDICAL EQUIPMENT MAY
LIMIT FREE ECONOMIC COMPETITION, A HOSPITAL MAY ENGAGE IN A
MERGER OR CONSOLIDATION OR THE JOINT OWNERSHIP OF MAJOR MEDICAL
EQUIPMENT THAT HAS BEEN APPROVED BY THE COMMISSION UNDER THIS
SECTION.

19-207.2.

THE COMMISSION SHALL ASSESS A FEE ON ALL HOSPITALS WHOSE
RATES HAVE BEEN APPROVED BY THE COMMISSION TO PAY FOR :

(1)  ANY PUBLIC BODY OBLIGATION, BOND, OR NOTE OF A
CLOSED OR DELICENSED HOSPITAL PURSUANT TO ARTICLE 43C., § 16A OF
THE CODE.; AND

(2) FUNDING THE HOSPITAL EMPLOYEES RETRAINING FUND.

19-325.

(A) IF VOLUNTARY EFFORTS TO REDUCE EXCESS CAPACITY PROVE
INSUFFICIENT, AS A LAST RESORT THE HEALTH RESOURCES PLANNING
COMMISSION OR AND THE HEALTH SERVICES COST REVIEW COMMISSION MAY
PETITION THE SECRETARY TO DELICENSE ANY HOSPITAL, AS DEFINED IN §
19-301 OF THIS TITLE; OR PART OF A HOSPITAL OR HOSPITAL SERVICE
BASED ON A FINDING AFTER A PUBLIC HEARING THAT THE DELICENSURE IS
CONSISTENT WITH THE STATE HEALTH PLAN OR INSTITUTION SPECIFIC
PLAN. THE PETITION SHALL SPECIFY IN DETAIL ALL EFFORTS MADE BY
THE PETITIONER TO ENCOURAGE THE HOSPITAL:

(1) TO REDUCE ITS UNDERUTILIZED CAPACITY;