WILLIAM DONALD SCHAEFER, Governor Ch. 688

(iv) 1. At least 45 days before increasing or
decreasing the volume of 1 or more [patient] HEALTH CARE
services, written notice of intent to change the volume of
[patient] HEALTH CARE services is filed with the Commission;

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 and
adopted by the Commission;

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

D.  Is in the public interest; and

3.  Within 45 days of receiving notice
under item 1. of this paragraph, the Commission shall notify the
health care facility of its finding.

(3) Notwithstanding the provisions of paragraph (2)
of this subsection, a certificate of need is required:

(i) Before an additional home health
agency, branch office, or. home health care service is established
by an existing health care agency or facility;

(ii) Before an existing home health
agency or health care facility establishes a home health agency
or home health care service at a location in the service area
not included under a previous certificate of need or license;
[or]

(iii) Before a transfer of ownership of
any branch office of a home health agency or home health care
service of an existing health care facility that separates the
ownership of the branch office from the home health agency or
home health care service of an existing health care facility
which established the branch office[.]; OR

(IV) BEFORE THE EXPANSION OF A HOME HEALTH
SERVICE OR PROGRAM BY A HEALTH CARE FACILITY THAT:

1. ESTABLISHED THE HOME HEALTH SERVICE OR
PROGRAM WITHOUT A CERTIFICATE OF NEED BETWEEN JANUARY 1, 1984 AND
JULY 1, 1984; AND

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