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Session Laws, 1999
Volume 796, Page 3872   View pdf image
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(i) May conduct the public hearing without complying with formal
rules of evidence; and

(ii) Shall allow any interested party to introduce evidence that
relates to the proposed change, including testimony by witnesses.

(c) (1) The Commission may permit a facility to change any rate or charge
temporarily, if the Commission considers it to be in the public interest.

(2) An approved temporary change becomes effective immediately on

filing."

(3) Under the review procedures of this section, the Commission
promptly shall consider the reasonableness of the temporary change.

(d) If the Commission modifies a proposed change or approves only part of a
proposed change, a facility, without losing its right to appeal the part of the
Commission order that denies full approval of the proposed change, may:

(1) Charge its patients according to the decision of the Commission; and

(2) Accept any benefits under that decision.

(e) If a change in any rate or charge increase becomes effective because a final
determination is delayed because of an appeal or otherwise, the Commission may
order the facility:

(1) To keep a detailed and accurate account of:

(i) Funds received because of the change; and

(ii) The persons from whom these funds were collected; and

(2) As to any funds received because of a change that later is held
excessive or unreasonable:

(i) To refund the funds with interest; or

(ii) If a refund of the funds is impracticable, to charge over and
amortize the funds through a temporary decrease in charges or rates.

(f) A decision by the Commission on any contested change under this section
shall comply with the Administrative Procedure Act and shall be only prospective in
effect.  

(g) (1) The State Health Services Cost Review Commission shall provide
incentives for merger, consolidation, and conversion and for the implementation of the
institution-specific plan developed [by the Health Resources Planning Commission]
IN ACCORDANCE WITH § 19-122 OF THIS TITLE.

(2) Notwithstanding any of the provisions in this section, on notification
of a merger or consolidation by 2 or more hospitals, the Commission shall review the
rates of those hospitals that are directly involved in the merger or consolidation in

 

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Session Laws, 1999
Volume 796, Page 3872   View pdf image
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