Ch. 767                                          LAWS OF MARYLAND

(k) Repealed.

(1) A certificate of need is not required to close any
hospital or part of a hospital as defined in § 19-301 of this
title if:

(1)  At least 45 days before closing, written notice
of intent to close is filed with the Commission;

(2)  The Commission in its sole discretion finds that
the proposed closing is not inconsistent with the State health
plan or the institution-specific plan developed by the Commission
and is in the public interest; and

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

(m) In this section the terms "consolidation" and "merger"
include increases and decreases in bed capacity or services among
the components of an organization which:

(1)  Operates more than one health care facility; or

(2)  Operates one or more health care facilities and
holds an outstanding certificate of need to construct a health
care facility.

(N) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION
OR APPLICABLE REGULATION, THE COMMISSION SHALL CONSIDER THE
SPECIAL NEEDS AND CIRCUMSTANCES OF A COUNTY WHERE A MEDICAL
SERVICE, AS DEFINED IN THIS SECTION, DOES NOT EXIST; AND

(2) THE COMMISSION SHALL CONSIDER AND MAY APPROVE
UNDER THIS SUBSECTION A CERTIFICATE OF NEED APPLICATION TO
ESTABLISH, BUILD, OPERATE, OR PARTICIPATE IN A HEALTH CARE
PROJECT TO PROVIDE A NEW MEDICAL SERVICE IN A COUNTY IF THE
COMMISSION, IN ITS SOLE DISCRETION, FINDS THAT:

(I)  THE PROPOSED MEDICAL SERVICE DOES NOT EXIST
IN THE COUNTY THAT THE PROJECT WOULD BE LOCATED;

(II)  THE PROPOSED MEDICAL SERVICE IS NECESSARY
TO MEET THE HEALTH CARE NEEDS OF THE RESIDENTS OF THAT COUNTY;
AND

(III) THE PROPOSED MEDICAL SERVICE WOULD HAVE A
POSITIVE IMPACT ON THE EXISTING HEALTH CARE SYSTEM;

(IV) THE PROPOSED MEDICAL SERVICE WOULD RESULT
IN THE DELIVERY OF MORE EFFICIENT AND EFFECTIVE HEALTH CARE
SERVICES TO THE RESIDENTS OF THAT COUNTY;

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