Ch. 767

LAWS OF MARYLAND

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:

(i) By a health care facility;

(ii) In space that is leased from a health care
facility; or

(iii) In space that is on land leased from a
health care facility.

(2) This subsection does not apply if:

(i) The Commission adopts limits for changes in
health care services and the proposed change would not exceed
those limits;

[(ii) The proposed change would add a new
health care service and:

1. During a 1-year period, the annual
operating revenue that would result from the addition is less
than $250,000 after an annual adjustment for inflation, based on
an appropriate index specified by the Commission; or

2.] (II) THE PROPOSED CHANGE AND the
annual operating revenue that would result from the addition is
entirely associated with the use of medical equipment;

[(iii) The proposed change would increase or
decrease the volume of one patient service and, during a 2-year
period, the change is less than 25 percent of that volume; or]

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