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Session Laws, 1996
Volume 794, Page 2817   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 466

regulations of the Commission, the total expenditure, including the cost of each study,
survey, design, plan, working drawing, specification, and other essential activity, is more
than $1,250,000;

2.       The expenditure is made as part of a replacement of any
plant and equipment of the health care facility and is more than $1,250,000 after
adjustment for inflation as provided in the regulations of the Commission;

3.       The expenditure results in a substantial change in the bed
capacity of the health care facility; or

4.       The expenditure results in the establishment of a new
medical service in a health care facility that would require a certificate of need under
subsection (i) of this section; or

(ii) Any expenditure that is made to lease or, by comparable
arrangement, obtain any plant or equipment for the health care facility, if:

1.       The expenditure is made as part of an acquisition,
improvement, or expansion, and, after adjustment for inflation as provided in the rules
and regulations of the Commission, the total expenditure, including the cost of each
study, survey, design, plan, working drawing, specification, and other essential activity, is
more than $1,250,000;

2.       The expenditure is made as part of a replacement of any
plant and equipment and is more than $1,250,000 after adjustment for inflation as
provided in the regulations of the Commission;

3.       The expenditure results in a substantial change in the bed
capacity of the health care facility; or

4.       The expenditure results in the establishment of a new
medical service in a health care facility that would require a certificate of need under
subsection (i) of this section.

(2)     A certificate of need is required before any equipment or plant is
donated to a health care facility, if a certificate of need would be required under
paragraph (1) of this subsection for an expenditure by the health care facility to acquire
the equipment or plant directly.

(3)     A certificate of need is required before any equipment or plant is
transferred to a health care facility at less than fair market value if a certificate of need
would be required under paragraph (1) of this subsection for the transfer at fair market
value.

(4)     A certificate of need is required before a person acquires a health care
facility if a certificate of need would be required under paragraph (1) of this subsection
for the acquisition by or on behalf of the health care facility.

(5)     This subsection does not apply to:
(i) Site acquisition;

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Session Laws, 1996
Volume 794, Page 2817   View pdf image
 Jump to  
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