WILLIAM DONALD SCHAEFER, Governor Ch. 767

(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.

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

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

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

C. 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

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