I

WILLIAM DONALD SCHAEFER, Governor                   Ch. 658

2. For the purposes of this paragraph
subspecialty includes opthalmology.

19-116.

(a) In this section, "health maintenance organization"
means a health maintenance organization under Subtitle 7 of this
title.

(b)  (1) 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)] (I) 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]; and

(II) NOTWITHSTANDING SUBPARAGRAPH (B)(1)(II)

(B)(1)(I) OF THIS SUBSECTION, A HEALTH MAINTENANCE ORGANIZATION

OR HEALTH CARE FACILITY THAT EITHER CONTROLS DIRECTLY OR

INDIRECTLY, OR IS CONTROLLED BY A HEALTH MAINTENANCE ORGANIZATION
IS NOT REQUIRED TO OBTAIN A CERTIFICATE OF NEED BEFORE PURCHASING
AN EXISTING AMBULATORY SURGICAL FACILITY OR CENTER AS DEFINED IN
§ 19-101(E) OF THIS TITLE.

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

(2) NOTWITHSTANDING PARAGRAPH (1)(I) OF THIS
SUBSECTION, A HEALTH MAINTENANCE ORGANIZATION OR A HEALTH CARE
FACILITY THAT EITHER CONTROLS, DIRECTLY OR INDIRECTLY, OR IS
CONTROLLED BY A HEALTH MAINTENANCE ORGANIZATION IS NOT REQUIRED
TO OBTAIN A CERTIFICATE OF NEED BEFORE PURCHASING AN EXISTING
AMBULAT0RY SURGICAL FACILITY OR CENTER, AS DEFINED IN § 19-101(E)
OF THIS TITLE.-------------------------------------------------------

[(2)] (III) Any other health-care project for which a
certificate of need is required under § 19-115 of this title 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:

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