HARRY HUGHES, Governor

1529

THE ABILITY OF MARYLAND HEALTH CARE FACILITIES, AND POTENTIALLY
THE ABILITY OF THE STATE AND LOCAL GOVERNMENTS, TO SECURE
SUBSEQUENT FINANCING THROUGH THE ISSUANCE OF TAX EXEMPT BONDS.

THE PURPOSE OF THIS SECTION IS TO PRESERVE THE ACCESS OF
MARYLAND'S HEALTH CARE FACILITIES TO ADEQUATE FINANCING BY
ESTABLISHING A PROGRAM TO FACILITATE THE REFINANCING AND PAYMENT
OF PUBLIC BODY OBLIGATIONS OF A CLOSED OR DELICENSED HOSPITAL.

(C)  THE MARYLAND HOSPITAL BOND PROGRAM IS HEREBY CREATED
WITHIN THE MARYLAND HEALTH AND HIGHER EDUCATIONAL FACILITIES
AUTHORITY. THE PROGRAM SHALL PROVIDE FOR THE PAYMENT AND
REFINANCING OF PUBLIC BODY OBLIGATIONS OF A HOSPITAL, AS DEFINED
IN § 19-301 OF THE HEALTH - GENERAL ARTICLE, IF:

(1)  THE CLOSURE OF A HOSPITAL IS IN ACCORDANCE WITH §
19-115(M) OR THE DELICENSURE OF A HOSPITAL IS IN ACCORDANCE WITH
§ 19-325;                                                                                                   

(2)  THERE ARE PUBLIC BODY OBLIGATIONS WITH RESPECT TO
BONDS ISSUED BY THE MARYLAND HEALTH AND HIGHER EDUCATIONAL
FACILITIES AUTHORITY OR STATE AND LOCAL GOVERNMENTAL ENTITIES;

(3)  THE CLOSURE OF THE HOSPITAL IS NOT THE RESULT OF
A MERGER OR CONSOLIDATION WITH 1 OR MORE OTHER HOSPITALS; AND

(4)  THE HOSPITAL PLAN FOR CLOSURE OR DELICENSURE AND
THE RELATED FINANCING OR REFINANCING PLAN IS ACCEPTABLE TO THE
SECRETARY OF HEALTH AND MENTAL HYGIENE AND THE AUTHORITY.

(D)  (1) THE HEALTH RESOURCES PLANNING COMMISSION AND THE
SECRETARY OF HEALTH AND MENTAL HYGIENE SHALL GIVE THE AUTHORITY
AND THE HEALTH SERVICES COST REVIEW COMMISSION WRITTEN
NOTIFICATION OF:

(I)  A DETERMINATION BY THE HEALTH RESOURCES
PLANNING COMMISSION TO EXEMPT A HOSPITAL CLOSURE FROM THE
CERTIFICATE. OF NEED REQUIREMENT PURSUANT TO § 19-115(M) OF THE
HEALTH - GENERAL ARTICLE; OR

(II)  A DETERMINATION BY THE SECRETARY OF HEALTH
AND MENTAL HYGIENE TO DELICENSE A HOSPITAL PURSUANT TO § 19-325
OF THE HEALTH - GENERAL ARTICLE.

(2) THE HEALTH RESOURCES PLANNING COMMISSION AND THE
SECRETARY OF HEALTH AND MENTAL HYGIENE SHALL SUBMIT THE WRITTEN
NOTIFICATION REQUIRED IN SUBSECTION (D)(1) OF THIS SECTION
PARAGRAPH (1) OF THIS SUBSECTION NO LATER THAN 150 DAYS PRIOR TO
THE SCHEDULED DATE OF THE HOSPITAL CLOSURE OR DELICENSURE AND
SHALL INCLUDE THE NAME AND LOCATION OF THE HOSPITAL, AND THE
SCHEDULED DATE OF HOSPITAL CLOSURE OR DELICENSURE.

(E)  A HOSPITAL THAT IS SCHEDULED TO CLOSE OR BE DELICENSED
SHALL PROVIDE THE AUTHORITY AND THE HEALTH SERVICES COST REVIEW
COMMISSION, NO LATER THAN 150 DAYS PRIOR TO THE SCHEDULED DATE OF