1. A SITE WITHIN THE PRIMARY SERVICE AREA OF THE
HEALTH CARE FACILITY TO BE RELOCATED IF:

A. THE PROPOSED RELOCATION IS NOT ACROSS COUNTY

BOUNDARIES; AND

B. AT LEAST 45 DAYS PRIOR TO THE PROPOSED RELOCATION
NOTICE IS FILED WITH THE COMMISSION; OR

2. A SITE OUTSIDE THE PRIMARY SERVICE AREA OF THE
HEALTH CARE FACILITY TO BE RELOCATED BUT WITHIN THE PRIMARY SERVICE
AREA OF THE MERGED ASSET SYSTEM IF:

A. AT LEAST 45 DAYS PRIOR TO THE PROPOSED RELOCATION
NOTICE IS FILED WITH THE COMMISSION; AND

B. THE COMMISSION IN ITS SOLE DISCRETION, AND IN
ACCORDANCE WITH THE CRITERIA ADOPTED BY REGULATION, FINDS THAT THE
RELOCATION IS IN THE PUBLIC INTEREST, IS NOT INCONSISTENT WITH THE STATE
HEALTH PLAN. AND WILL RESULT IN THE MORE EFFICIENT AND EFFECTIVE
DELIVERY OF HEALTH CARE SERVICES; OR

3. FOR A LIMITED SERVICE HOSPITAL, A SITE WITHIN THE
IMMEDIATE AREA AS DEFINED IN REGULATION BY THE COMMISSION; OR

[(iii)] (IV) The relocation involves moving a portion of a complement
of comprehensive care beds previously approved by the Commission after January 1,
1995 for use in a proposed new related institution, as defined in § 19-301 of this title,
but unbuilt on October 1, 1998 if:

1. The comprehensive care beds that were originally
approved by the Commission in a prior certificate of need review were approved for
use in a proposed new related institution to be located in a municipal corporation
within Carroll County in which a related institution is not located;

2. The comprehensive care beds being relocated will be used
to establish an additional new related institution that is located in another municipal
corporation within Carroll County in which a related institution is not located;

3. The comprehensive care beds not being relocated are
intended to be used to establish a related institution on the original site; and

4. Both the previously approved comprehensive care beds for
use on the original site and the relocated comprehensive care beds for use on the new
site will be used as components of single buildings on each site that also offer
independent or assisted living residential units.

(3) Notwithstanding any other provision of this subtitle, a certificate of
need is not required for a relocation described under paragraph [(2)(iii)] (2)(IV) of this
subsection.

(h) (1) A certificate of need is required before the bed capacity of a health
care facility is changed.