more than $1,500,000 for capital costs associated with the donated plant as
determined by the Commission, after consultation with the Health Services Cost
Review Commission that:

1. At least 45 days before the proposed donation is made, the
hospital notifies the Commission and within 45 days of receipt of the relevant
financial information, the Commission makes the financial determination required
under this subparagraph; and

2. The relevant financial information to be submitted by the
hospital is defined in regulations [promulgated] ADOPTED by the Commission after
consultation with the Health Services Cost Review Commission.

(6) Paragraph (5)(vi), (vii), (viii), and (ix) of this subsection may not be
construed to permit a facility to offer a new health care service for which a certificate
of need is otherwise required.

(7) Subject to the notice requirements of paragraph (5)(ii) of this
subsection, a hospital may acquire a freestanding ambulatory surgical facility or
office of one or more health care practitioners or a group practice with one or more
operating rooms used primarily for the purpose of providing ambulatory surgical
services if the facility, office, or group practice:

(i) Has obtained a certificate of need;

(ii) Has obtained an exemption from certificate of need
requirements; or

(iii) Did not require a certificate of need in order to provide
ambulatory surgical services after June 1, 1995.

(8) Nothing in this subsection may be construed to permit a hospital to
build or expand its ambulatory surgical capacity in any setting owned or controlled by
the hospital without obtaining a certificate of need from the Commission if the
building or expansion would increase the surgical capacity of the State's health care
system.

(k) Repealed.

(1) A certificate of need is not required to close any hospital or part of a
hospital as defined in § 19-301 of this title if:

(1) At least 45 days before closing, written notice of intent to close is filed
with the Commission;

(2) The Commission in its sole discretion finds that the proposed closing
is not inconsistent with the State health plan or the institution-specific plan
developed by the Commission and is in the public interest; and

(3) Within 45 days of receiving notice the Commission notifies the health
care facility of its findings.