PARRIS N. GLENDENING, Governor

Ch. 499

(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 title, and the
relocation is to another part of the site or immediately adjacent to the site of the existing
hospital or related institution; OR

(III) ALL OR PART OF A HOSPITAL'S EXISTING AMBULATORY
SURGICAL CAPACITY IS RELOCATED TO ANOTHER SITE TO ESTABLISH AN
AMBULATORY SURGICAL FACILITY PROVIDED THAT;

1. THE HOSPITAL DOES NOT HAVE A FINANCIAL OR
OWNERSHIP INTEREST IN AN EXISTING MULTISPECIALTY AMBULATORY SURGICAL
FACILITY OTHER THAN THE FACILITY PROPOSED FOR RELOCATION;

2. THE HOSPITAL IS LOCATED WITHIN 3 MILES OF
DELAWARE, PENNSYLVANIA, VIRGINIA, WEST VIRGINIA, OR THE DISTRICT OF
COLUMBIA AND WITHIN 5 MILES OF A HOSPITAL LOCATED OUTSIDE OF THIS STATE;

3. THE NEW AMBULATORY SURGICAL FACILITY IS LOCATES
IN THE SAME HEALTH SERVICE AREA AS THE HOSPITAL AND WITHIN 3 MILES OF THE
HOSPITAL; AND

4. A HOSPITAL PROPOSING TO RELOCATE EXISTING
AMBULATORY SURGICAL CAPACITY TO ESTABLISH AN AMBULATORY SURGICAL
FACILITY PROVIDES NOTICE TO THE COMMISSION NO LATER THAN JUNE 30, 1998.

(j) (5) This subsection does not apply to:

(X) RELOCATION OF HOSPITAL BASED AMBULATORY SURGICAL
CAPACITY PURSUANT TO PARAGRAPH (G)(2)(III) OF THIS SECTION.

(7) EXCEPT AS PROVIDED IN PARAGRAPH (5) (X) OF THIS SUBSECTION,
NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO PERMIT A HOSPITAL TO
BUILD OR EXPAND ITS AMBULATORY SURGICAL CAPACITY IN ANY SETTING OWNED
OR CONTROLLED BY THE HOSPITAL WITHOUT OBTAINING A CERTIFICATE OF NEED
FROM THE COMMISSION.

19-118.

(a) If the Commission receives an application for a certificate of need for a
change in the bed capacity of a health care facility, as required under § 19-115 of this
subtitle, or for a health care project that would create a new health care service or abolish
an existing health care service, the Commission shall give notice of the filing by
publication in the Maryland Register and give the following notice to:

(1)     Each member of the General Assembly in whose district the action is
planned;

(2)     Each member of the governing body for the county where the action is
planned;

(3)     The county executive, mayor, or chief executive officer, if any, in whose
county or city the action is planned; and

- 2873 -