ROBERT L. EHRLICH, JR., Governor                             Ch. 404

consultation with the Hospice Network of Maryland, to implement a certain
annual survey; requiring the Commission to conduct a certain study and to begin
a process for updating the State Health Plan's hospice chapter, in a certain
manner; and generally relating to the Maryland Health Care Commission and
hospice care programs.

BY repealing and reenacting, without amendments,
Article - Health - General
Section 19-101 and 19-120(k)(4)
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

BY repealing and reenacting, with amendments,
Article - Health - General
Section 19-120(k)(5)(ii) and 19-906
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

BY adding to

Article - Health - General

Section 19-120(o)

Annotated Code of Maryland

(2000 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-101.

In this subtitle, "Commission" means the Maryland Health Care Commission.

19-120.

(k) (4) A certificate of need is required before a person acquires a health care
facility if a certificate of need would be required under paragraph (1) of this subsection
for the acquisition by or on behalf of the health care facility.

(5) This subsection does not apply to:

(ii) Acquisition of a health care facility if, at least 30 days before
making the contractual arrangement to acquire the facility, written notice of the intent
to make the arrangement is filed with the Commission and the Commission does not
find, within 30 days after the Commission receives notice, that the health services or
bed capacity of the facility will be changed, PROVIDED THAT, FOR A MERGER WITH OR
ACQUISITION OF AN EXISTING GENERAL HOSPICE, THE PURCHASER OF THE
GENERAL HOSPICE MAY ONLY ACQUIRE THE AUTHORITY TO PROVIDE HOME-BASED
HOSPICE SERVICES IN JURISDICTIONS IN WHICH THE SELLER OF THE GENERAL
HOSPICE IS LICENSED TO PROVIDE HOME-BASED HOSPICE SERVICES;

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