WILLIAM DONALD SCHAEFER, Governor                   Ch. 688

(h) (1) A certificate of need is required before the bed
capacity of a health care facility is changed.

(2)  This subsection does not apply to any increase or
decrease in bed capacity if:

(i) During a 2-year period the increase or
decrease would not exceed the lesser of 10 percent of the total
bed capacity or 10 beds; [or]

(II) 1. THE INCREASE OR DECREASE WOULD CHANGE
THE BED CAPACITY FOR AN EXISTING MEDICAL SERVICE ,; AND WOULD
NOT INCREASE TOTAL BED CAPACITY; OR

2.A. 1. THE CHANGE WOULD NOT INCREASE
TOTAL BED CAPACITY;

B. 2. THE CHANGE IS MAINTAINED FOR AT
LEAST A 1-YEAR PERIOD; AND

C. 3. AT LEAST 45 DAYS PRIOR TO THE
CHANGE, THE HOSPITAL PROVIDES WRITTEN NOTICE TO THE COMMISSION
DESCRIBING THE CHANGE AND PROVIDING AN UPDATED INVENTORY OF THE
HOSPITAL'S LICENSED BED COMPLEMENT; OR

[(ii)] (III) 1. At least 45 days before
increasing or decreasing bed capacity, written notice of intent
to change bed capacity is filed with the Commission; and

2. The Commission in its sole discretion
finds that the proposed change:

A.  Is pursuant to the consolidation or
merger of 2 or more health care facilities, or conversion of a
health care facility or part of a facility to a nonhealth-related
use;

B.  Is not inconsistent with the State
health plan or the institution-specific plan developed by the
Commission;

C.  Will result in the delivery of more
efficient and effective health care services; and

D.  Is in the public interest.

(3)  Within 45 days of receiving notice, the
Commission shall notify the health care facility of its finding.

(i) (1) A certificate of need is required before the type
or scope of any health care service is changed if the health care
service is offered:

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