Ch. 499                                    1995 LAWS OF MARYLAND

Notwithstanding the provisions of § 19-118 of the Health - General Article, a
certificate of need application for a hospital-based subacute care unit submitted in
accordance with regulations adopted under this section: (1) shall be reviewed by the staff
of the Health Resources and Planning Commission according to the criteria and
standards established in the regulations; and (2) is not subject to the evidentiary hearing
provisions or the contested case provisions of the Administrative Procedure Act in Title
10 of the State Government Article. An applicant, a competing applicant, and any other
person who may be adversely affected by the Health Resource Planning Commission's
decision on an application to establish a hospital-based subacute care unit in accordance
with this Section may submit written exceptions to the staff's recommendation and
present oral argument to the Commission before the Commission renders its decision.
The Commission shall act on any application submitted under this section no later than
90 days after the application is docketed. In accordance with § 19-120 of the Health -
General Article, aggrieved parties may seek Commission reconsideration or judicial
review of a decision.

Notwithstanding the other provisions of this Section, by August 1, 1995, the Health
Resources Planning Commission shall act on certificate of need applications for subacute care
units or services docketed on or before April 15.

SECTION 6. 8. AND BE IT FURTHER ENACTED, That the Health Resources
Planning Commission shall evaluate and, as necessary or appropriate, revise its existing
regulations establishing standards for the timely implementation of certificates of need by
the Commission in accordance with Title 19, Subtitle 1 of the Health - General Article.

SECTION 7. 9. AND BE IT FURTHER ENACTED, That the changes made by
this Act dees to Title 19, Subtitle 1 of the Health - General Article do not apply to:

(1)     a determination by the Health Resources Planning Commission as to
whether a certificate of need is required to build a new ambulatory surgical facility or to
expand existing ambulatory surgical capacity in any setting that has requested or received
the determination on or before February 13, 1995 and has obligated not less than $25,000
in reliance on that determination on or before February 13, 1995; or

(2)     a person certified by Medicare to receive reimbursement as an
ambulatory surgical facility on or before June 30, 1995.

SECTION 8. 10. AND BE IT FURTHER ENACTED, That nothing in this Act may
be construed to require any existing and operating ambulatory surgical facility to obtain a
certificate of need if the facility has previously received a certificate of need or requested
and received a determination from the Health Resources Planning Commission that the
facility was exempt from the certificate of need requirements, unless the facility seeks to
expand its surgical capacity after February 13, 1995.

SECTION 9. 11. AND BE IT FURTHER ENACTED, That the Department of
Fiscal Services, in consultation with the Health Services Cost Review Commission, shall:

(1) study the issue of uncompensated care, including methods of financing
uncompensated care through freestanding ambulatory care facilities and other health care
delivery systems ; and

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