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Session Laws, 1999
Volume 796, Page 3746   View pdf image
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[(j)] (K) (1) On the date of [closure or delicensure] CLOSURE,
DELICENSURE, OR CONVERSION of any hospital for which a financing or refinancing
plan has been developed in accordance with subsection [(h)] (I) of this section, the
Health Services Cost Review Commission shall assess a fee on all hospitals as
provided in § 19-207.2 of the Health - General Article in an amount sufficient to:

(i) Pay the principal and interest on any public body obligations, or
any bonds or notes issued by the Authority pursuant to subsection [(i)] (J) of this
section to finance or refinance public body obligations;

(ii) Pay any closure costs or the principal and interest on any bonds
or notes issued by the Authority pursuant to subsection [(i)] (J) of this section to
finance or refinance any closure costs;

(iii) Maintain any reserve required in the resolution, trust
agreement or other financing agreement securing public body obligations, bonds, or
notes;

(iv) Pay any required financing fees or other similar charges; and

(v) Maintain reserves deemed appropriate by the Authority to
ensure that the amounts provided in this subsection are satisfied in the event any
hospital defaults in paying the fees.

(2) The fee assessed each hospital shall be equal to that portion of the
total fees required to be assessed that is equal to the ratio of the actual gross patient
revenues of the hospital to the total gross patient revenues of all hospitals,
determined as of the date or dates deemed appropriate by the Authority after
consultation with the Health Services Cost Review Commission.

(3) Each hospital shall pay the fee directly to the Authority, any trustee
for the holders of any bonds or notes issued by the Authority pursuant to subsection
[(i)] (J) of this section, or as otherwise directed by the Authority. The fee may be
assessed at any time necessary to meet the payment requirements of this subsection.

(4) The fees assessed may not be subject to supervision or regulation by
any department, commission, board, body or agency of this State. Any pledge of these
fees to any bonds or notes issued pursuant to this section or to any other public body
obligations, shall immediately subject such fees to the lien of the pledge without any
physical delivery or further act. The lien of the pledge shall be valid and binding
against all parties having claims of any kind in tort, contract or otherwise against the
Authority or any closed or delicensed hospital, irrespective of whether the parties
have notice.

(5) In the event the Health Services Cost Review Commission shall
terminate by law, the Secretary of Health and Mental Hygiene, in accordance with the
provisions of this subsection, shall impose a fee on all hospitals licensed pursuant to
§ 19-318 of the Health-General Article.

[(k)] (L) (1)Notwithstanding any other provision of this article, any
action taken by the Authority to provide for the payment of public body obligations

shall be for the purpose of maintaining the credit rating of this State, its agencies,

 

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Session Laws, 1999
Volume 796, Page 3746   View pdf image
 Jump to  
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