(c) The Commission shall adopt rules and regulations for applying for and
issuing certificates of need.
(d) [(1)] The Commission may adopt, after October 1, 1983, new thresholds or
methods for determining the circumstances or minimum cost requirements under
which a certificate of need application must be filed. [The Commission shall study
alternative approaches and recommend alternatives that will streamline the current
process, and provide incentives for management flexibility through the reduction of
instances in which applicants must file for a certificate of need.
(2) The Commission shall conduct this study and report to the General
Assembly by October 1, 1985.]
(e) (1) A person shall have a certificate of need issued by the Commission
before the person develops, operates, or participates in any of the following health
care projects for which a certificate of need is required under this section.
(2) A certificate of need issued prior to January 13, 1987 may not be
rendered wholly or partially invalid solely because certain conditions have been
imposed, if an appeal concerning the certificate of need, challenging the power of the
Commission to impose certain conditions, on a certificate of need, has not been noted
by an aggrieved party before January 13, 1987.
(D Except as provided in subsection (g)(2)(iii) of this section, a certificate of
need is required before a new health care facility is built, developed, or established.
(g) (1) A certificate of need is required before an existing or previously
approved, but unbuilt, health care facility is moved to another site.
(2) This subsection does not apply if:
(i) The Commission adopts limits for relocations and the proposed
relocation does not exceed those limits;
(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) 1. THE RELOCATION IS TO:
A. ANOTHER AREA ON OR IMMEDIATELY ADJACENT TO THE
SITE OF THE EXISTING HOSPITAL OR RELATED INSTITUTION; OR
B. A SITE WITHIN THE PRIMARY SERVICE AREA OF THE
EXISTING HOSPITAL OR RELATED INSTITUTION; AND
2. AT LEAST 15 DAYS PRIOR TO THE RELOCATION, NOTICE OF
THE PROPOSED RELOCATION IS FILED WITH THE COMMISSION; OR
(III) SUBJECT TO THE PROVISIONS OF SUBSECTIONS (I) AND (J) OF
THIS SECTION, THE RELOCATION IS OF AN EXISTING HEALTH CARE FACILITY OWNED
OR CONTROLLED BY A MERGED ASSET SYSTEM AND IS TO:
|