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Session Laws, 1999
Volume 796, Page 3878   View pdf image
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(i) In the case of closure pursuant to [§ 19-115(1)] § 19-123(L) of the
Health - General Article, within 10 days after the date of filing with the [Health
Resources Planning Commission] HEALTH CARE ACCESS AND COST COMMISSION of
written notice of intent to close; or

(ii) In the case of delicensure pursuant to § 19-325 of the Health -
General Article, at least 150 days prior to the scheduled date of delicensure.

(g) (1) The Health Services Cost Review Commission may determine to
provide for the payment of all or any portion of the closure costs of a hospital having
outstanding public body obligations if the Health Services Cost Review Commission
determines that payment of the closing costs is necessary or appropriate to:

(i) Encourage and assist the hospital to close; or

(ii) Implement the program created by this section.

(2) In making the determinations under this subsection, the Health
Services Cost Review Commission shall consider:

(i) The amount of the system-wide savings to the State health care
system expected to result from the closure or delicensure of the hospital over:

1. The period during which the fee to provide for the
payment of the closure costs or any bonds or notes issued to finance the closure costs
will be assessed; or

2. A period ending 5 years after the date of closure or
delicensure, whichever is the longer; and

(ii) The recommendations of the [Health Resources Planning
Commission] HEALTH CARE ACCESS AND COST COMMISSION and the Authority.

(3) Within 60 days after receiving the notice of closure or delicensure
required by subsection (e) OF THIS SECTION, the Health Services Cost Review
Commission shall:

(i) Determine whether to provide for the payment of all or any
portion of the closure costs of the hospital in accordance with this subsection; and

(ii) Give written notification of such determination to the [Health
Resources Planning Commission] HEALTH CARE ACCESS AND COST COMMISSION
and the Authority.

(4) The provisions of this subsection may not be construed to require the
Health Services Cost Review Commission to make provision for the payment of any
closure costs of a closed or delicensed hospital.

(5) In any suit, action or proceeding involving the validity or
enforceability of any bond or note issued to finance any closure costs or any security
for a bond or note, the determinations of the Health Services Cost Review
Commission under this subsection shall be conclusive and binding.

 

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Session Laws, 1999
Volume 796, Page 3878   View pdf image
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