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Session Laws, 1988
Volume 770, Page 1056   View pdf image
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Ch. 6                                          LAWS OF MARYLAND

facility and is more than $600,000 after adjustment for inflation
as provided in the regulations of the Commission;

3.  The expenditure results in a
substantial change in the bed capacity of the health care
facility; OR

4.  The expenditure results in a
substantial change in the services of the health care facility;
or

DRAFTER'S NOTE:

Error: Conjunction omitted in § 19-115(j)(1)(i) of
the Health - General Article.

Occurred: Ch. 108, Acts of 1982.

19-116.

(b)  A health maintenance organization or a health care
facility that either controls directly or indirectly, or is
controlled by, a health maintenance organization shall have a
certificate of need before the health maintenance organization or
health care facility builds, develops, operates, purchases, or
participates in building, developing, operating, or
establishing:

(1)  A hospital, as defined in § 19-301 of this title,
or an ambulatory surgical facility or center, as defined in §
19-101(e) of this [title] SUBTITLE; and

(2)  Any other health care project for which a
certificate of need is required under § 19-115 of this [title]
SUBTITLE if that health care project is planned for or used by
any nonsubscribers of that health maintenance organization.

(c)  An application for a certificate of need by a health
maintenance organization or by a health care facility that either
controls directly or indirectly, or is controlled by, a health
maintenance organization shall be approved if the Commission
finds that the application:

(1)  Documents that the project is necessary to meet
the needs of enrolled members and reasonably anticipated new
members for the services proposed to be provided by the
applicant; and

(2)  Is not inconsistent with those sections of the
State health plan or those sections of the institution-specific
plan that govern hospitals, as defined in § 19-301 of this title,
and ambulatory surgical facilities or centers, as defined in §
19-101(e) of this [title] SUBTITLE, or for which a certificate of

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Session Laws, 1988
Volume 770, Page 1056   View pdf image
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