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) of this
subsection.

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

(2) This subsection does not apply to any increase or decrease in bed

capacity if:

(i) During a 2-year period the increase or decrease would not
exceed the lesser of 10 percent of the total bed capacity or 10 beds;

(ii) 1. The increase or decrease would change the bed capacity
for an existing medical service; and

2. A. The change would not increase total bed capacity;

B. The change is maintained for at least a 1-year period; and

C. At least 45 days prior to the change the hospital provides
written notice to the Commission describing the change and providing an updated
inventory of the hospital's licensed bed complement; or

(iii) 1. At least 45 days before increasing or decreasing bed
capacity, written notice of intent to change bed capacity is filed with the Commission;
and

2. The Commission in its sole discretion finds that the

proposed change:

A. Is pursuant to the consolidation or merger of 2 or more
health care facilities, or conversion of a health care facility or part of a facility to a
nonhealth-related use;

B. Is not inconsistent with the State health plan or the
institution-specific plan developed by the Commission;

C. Will result in the delivery of more efficient and effective
health care services; and

D. Is in the public interest.

(3) Within 45 days of receiving notice, the Commission shall notify the
health care facility of its finding.