HARRY HUGHES, Governor

1531

THE PAYMENT OF ANY PUBLIC BODY OBLIGATION AS PROVIDED IN THIS
SECTION.

(H) (1) ON THE DATE OF CLOSURE OR DELICENSURE OF ANY
HOSPITAL FOR WHICH A FINANCING OR REFINANCING PLAN HAS BEEN
DEVELOPED IN ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION, THE
HEALTH SERVICES COST REVIEW COMMISSION SHALL ASSESS A FEE ON ALL
HOSPITALS AS PROVIDED IN § 19-207.2 OF THE HEALTH - GENERAL
ARTICLE IN AN AMOUNT SUFFICIENT TO:

(I)  PAY THE PRINCIPAL AND INTEREST ON ANY
PUBLIC BODY OBLIGATIONS, OR ANY BONDS OR NOTES ISSUED BY THE
AUTHORITY PURSUANT TO SUBSECTION (F) OF THIS SECTION TO FINANCE
OR REFINANCE PUBLIC BODY OBLIGATIONS;

(II)  MAINTAIN ANY RESERVE REQUIRED IN THE
RESOLUTION, TRUST AGREEMENT OR OTHER FINANCING AGREEMENT SECURING
PUBLIC BODY OBLIGATIONS, BONDS, OR NOTES;

(III)  PAY ANY REQUIRED FINANCING FEES OR OTHER
SIMILAR CHARGES; AND

(IV)  MAINTAIN RESERVES DEEMED APPROPRIATE BY
THE AUTHORITY TO ENSURE THAT THE AMOUNTS PROVIDED IN THIS
SUBSECTION. ARE SATISFIED IN THE EVENT ANY HOSPITAL DEFAULTS IN
PAYING THE FEES.

(2)  THE FEE ASSESSED EACH HOSPITAL SHALL BE EQUAL TO
THAT PORTION OF THE TOTAL FEES REQUIRED TO BE ASSESSED THAT IS
EQUAL TO THE RATIO OF THE ACTUAL GROSS PATIENT REVENUES OF THE
HOSPITAL TO THE TOTAL GROSS PATIENT REVENUES OF ALL HOSPITALS.

(3)  EACH HOSPITAL SHALL PAY THE FEE DIRECTLY TO THE
AUTHORITY, ANY TRUSTEE FOR THE HOLDERS OF ANY BONDS OR NOTES
ISSUED BY THE AUTHORITY PURSUANT TO SUBSECTION (G) OF THIS
SECTION, OR AS OTHERWISE DIRECTED BY THE AUTHORITY. THE FEE MAY
BE ASSESSED AT ANY TIME NECESSARY TO MEET THE PAYMENT
REQUIREMENTS OF THIS SUBSECTION.

(4)  THE FEES ASSESSED MAY NOT BE SUBJECT TO
SUPERVISION OR REGULATION BY ANY DEPARTMENT, COMMISSION, BOARD,
BODY OR AGENCY OF THIS STATE. ANY PLEDGE OF THESE FEES TO ANY
BONDS OR NOTES ISSUED PURSUANT TO THIS SECTION OR TO ANY OTHER
PUBLIC BODY OBLIGATIONS, SHALL IMMEDIATELY BE SUBJECT TO THE LIEN
OF THE PLEDGE WITHOUT ANY PHYSICAL DELIVERY OR FURTHER ACT. THE
LIEN OF THE PLEDGE SHALL BE VALID AND BINDING AGAINST ALL PARTIES
HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST
THE AUTHORITY OR ANY CLOSED OR DELICENSED HOSPITAL, IRRESPECTIVE
OF WHETHER THE PARTIES HAVE NOTICE.

(5)  IN THE EVENT THE HEALTH SERVICES COST REVIEW
COMMISSION SHALL TERMINATE BY LAW, THE SECRETARY OF HEALTH AND
MENTAL HYGIENE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBSECTION, SHALL IMPOSE A FEE ON ALL HOSPITALS LICENSED PURSUANT
TO § 19-318 OF THE HEALTH - GENERAL ARTICLE.