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PARRIS N. GLENDENING, Governor
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Ch. 57
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(iii) Seeks reimbursement from payors as an ambulatory surgical
facility.
(2) For purposes of this subtitle, the office of one or more health care
practitioners or a group practice with two operating rooms may be exempt from the
certificate of need requirements under this subtitle if the Commission finds, in its
sole discretion, that:
(i) A second operating room is necessary to promote the efficiency,
safety, and quality of the surgical services offered; and
(ii) The office meets the criteria for exemption from the certificate
of need requirements as an ambulatory surgical facility in accordance with
regulations adopted by the Commission.
(c) "Certificate of need" means a certification of public need issued by the
Commission under this Part II of this subtitle for a health care project.
(d) (1) "Health care facility" means:
(i) A hospital, as defined in § 19-301(g) of this title;
(ii) A limited service hospital, as defined in § 19-301(e) of this title;
(iii) A related institution, as defined in § 19-301 of this title;
(iv) An ambulatory surgical facility;
(v) An inpatient facility that is organized primarily to help in the
rehabilitation of disabled individuals, through an integrated program of medical and
other services provided under competent professional supervision;
(vi) A home health agency, as defined in § 19-401 of this title;
(vii) A hospice, as defined in § 19-901 of this title; and
(viii) Any other health institution, service, or program for which this
Part II of this subtitle requires a certificate of need.
(2) "Health care facility" does not include:
(i) A hospital or related institution that is operated, or is listed and
certified, by the First Church of Christ Scientist, Boston, Massachusetts;
(ii) For the purpose of providing an exemption from a certificate of
need under § 19-120 of this subtitle, a facility to provide comprehensive care
constructed by a provider of continuing care, as defined by Article 70B of the Code, if:
1. Except as provided under § 19-123 of this subtitle, the
facility is for the exclusive use of the provider's subscribers who have executed
continuing care agreements and paid entrance fees that are at least equal to the
lowest entrance fee charged for an independent living unit or an assisted living unit
before entering the continuing care community, regardless of the level of care needed
by the subscribers at the time of admission;
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- 1153 -
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