Ch. 499

1995 LAWS OF MARYLAND

(4) Any health care provider, third party payor, local planning agency, or
any other person the Commission knows has an interest in the application.

(b)     Failure to give notice shall not adversely affect the application.

(c)     (1) All decisions of the Commission on an application for a certificate of
need, except in emergency circumstances posing a threat to public health, shall be
consistent with the State health plan and the standards for review established by the
Commission.

(2)     The mere failure of the State health plan to address any particular
project or health care service shall not alone be deemed to render the project inconsistent
with the State health plan.

(3)     Unless the Commission finds that the facility or service for which the
proposed expenditure is to be made is not needed or is not consistent with the State
health plan, the Commission shall approve an application for a certificate of need
required under § 19-115(j) of this subtitle to the extent that the expenditure is to be made
to:

(i) Eliminate or prevent an imminent safety hazard, as defined by
federal. State, or local fire, building, or life safety codes or regulations;

(ii) Comply with State licensing standards; or

(iii) Comply with accreditation standards for reimbursement under
Title XVIII of the Social Security Act or under the State Medical Assistance Program
approved under Title XIX of the Social Security Act.

(d)     The Commission alone shall have final nondelegable authority to act upon an
application for a certificate of need, except as provided in this subsection.

(1)     Seven voting members of the Commission shall be a quorum.

(2)     AFTER AN APPLICATION IS FILED, THE STAFF OF THE COMMISSION:

(I)      SHALL REVIEW THE APPLICATION FOR COMPLETENESS
WITHIN 10 WORKING DAYS OF THE FILING OF THE APPLICATION; AND

(II)     MAY REQUEST FURTHER INFORMATION FROM THE
APPLICANT.

[(2)](3) The Commission may delegate to a [committee] REVIEWER the
responsibility for review of an application for a certificate of need, including:

(I) [the] THE holding of an evidentiary hearing IF THE
COMMISSION, IN ACCORDANCE WITH CRITERIA IT HAS ADOPTED BY REGULATION,
CONSIDERS AN EVIDENTIARY HEARING APPROPRIATE DUE TO THE MAGNITUDE OF
THE IMPACT THE PROPOSED PROJECT MAY HAVE ON THE HEALTH CARE DELIVERY
SYSTEM; AND

(II) PREPARATION OF A RECOMMENDED DECISION FOR
CONSIDERATION BY THE FULL COMMISSION.

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