Ch. 688

LAWS OF MARYLAND

(II) ANY SUBCATEGORY OF THE REHABILITATION,
PSYCHIATRY, COMPREHENSIVE CARE, OR INTERMEDIATE CARE CATEGORIES
OF HEALTH CARE SERVICES FOR WHICH NEED IS PROJECTED IN THE STATE
HEALTH PLAN.

(b)  The Commission may set an application fee for a
certificate of need for facilities not assessed a user fee under
§ 19-122 of this subtitle.

(c)  The Commission shall adopt rules and regulations for
applying for and issuing certificates of need.

(d)  (1) The Commission may adopt, after October 1, 1983,
new thresholds or methods for determining the circumstances or
minimum cost requirements under which a certificate of need
application must be filed. The Commission shall study
alternative approaches and recommend alternatives that will
streamline the current process, and provide incentives for
management flexibility through the reduction of instances in
which applicants must file for a certificate of need.

(2) The Commission shall conduct this study and
report to the General Assembly by October 1, 1985.

(e)  (1) A person shall have a certificate of need issued by
the Commission before the person develops, operates, or
participates in any of the following health care projects for
which a certificate of need is required under this section.

(2) A certificate of need issued prior to January 13,
1987 may not be rendered wholly or partially invalid solely
because certain conditions have been imposed, if an appeal
concerning the certificate of need, challenging the power of the
Commission to impose certain conditions on a certificate of need,
has not been noted by an aggrieved party before January 13, 1987.

(f)  A certificate of need is required before a new health
care facility is built, developed, or established.

(g)  (1) A certificate of need is required before a health
care facility is moved to another site.

(2) This subsection does not apply if:

(I)   [the] THE Commission adopts limits for
relocations and the proposed relocation does not exceed those
limits[.]; OR

(II)  THE RELOCATION IS THE RESULT OF A PARTIAL
OR COMPLETE REPLACEMENT OF AN EXISTING HOSPITAL OR RELATED
INSTITUTION, AS DEFINED IN § 19-301 OF THIS SUBTITLE, AND THE
RELOCATION IS TO ANOTHER PART OF THE SITE OR IMMEDIATELY ADJACENT
TO THE SITE OF THE EXISTING HOSPITAL OR RELATED INSTITUTION.

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