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Section 19-114 – Definitions

    (a)    In this Part II of this subtitle the following words have the meanings indicated.     (b)    “Ambulatory surgical facility” means any center, service, office, facility, or office of one or more health care practitioners or a group practice that:         (1)    Has three or more operating rooms;         (2)    Operates primarily for the purpose of providing surgical services to patients who […]

Section 19-115 – Duties of Commission in Health Planning and Development

    (a)    In addition to the duties set forth elsewhere in this subtitle, in this Part II of this subtitle, the Commission shall:         (1)    Act as the State agency to represent the State under Title VI of the federal Public Health Service Act; and         (2)    Periodically participate in or perform analyses and studies that relate to:             (i)    Adequacy of services […]

Section 19-116 – Studies of Systems Capacity in Health Services

    (a)    (1)    The Secretary shall provide for a study of systems capacity in health services.         (2)    The study shall:             (i)    Determine for all health delivery facilities and settings where capacity should be increased or decreased to better meet the needs of the population;             (ii)    Examine and describe the implementation methods and tools by which capacity should be altered to better […]

Section 19-118 – State Health Plan

    (a)    (1)    On or before October 1 each year, the Commission shall adopt a State health plan.         (2)    The plan shall:             (i)    Be consistent with the Maryland All Payer Model Contract;             (ii)    Include methodologies, standards, and criteria for certificate of need review; and             (iii)    Prioritize conversion of acute capacity to alternative uses where appropriate.     (b)    Annually or on petition by any person, […]

Section 19-119 – Institution-Specific Plan

    (a)    The Commission shall develop and adopt an institution-specific plan to guide possible capacity reduction.     (b)    The institution-specific plan shall address:         (1)    Accurate bed count data for licensed beds and staffed and operated beds;         (2)    Cost data associated with all hospital beds and associated services on a hospital-specific basis;         (3)    Migration patterns and current and future projected population data;         (4)    Accessibility […]

Section 19-120 – Certificate of Need — Health Care Facilities

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Consolidation” and “merger” include increases and decreases in bed capacity or services among the components of an organization that:             (i)    Operates more than one health care facility; or             (ii)    Operates one or more health care facilities and holds an outstanding certificate of need to construct a health […]

Section 19-120.1 – Certificate of Conformance

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Certificate of conformance” means an approval issued by the Commission that allows an acute general hospital to establish emergency PCI services or elective PCI services without a certificate of need.         (3)    “Certificate of ongoing performance” means an approval issued by the Commission that the cardiac surgery […]

Section 19-121 – Certificate of Need — Health Maintenance Organizations

    (a)    In this section, “health maintenance organization” means a health maintenance organization under Subtitle 7 of this title.     (b)    (1)    A health maintenance organization or a health care facility that either controls, directly or indirectly, or is controlled by a health maintenance organization shall have a certificate of need before the health maintenance organization or health care facility […]

Section 19-123 – Certificate of Need — Continuing Care Community Exemption; Direct Admissions Into Nursing Facility

    Notwithstanding the provisions of § 19-114(d)(2)(ii) of this subtitle, a continuing care community does not lose its exemption from certificate of need requirements when the continuing care community admits an individual directly to a nursing facility within the continuing care community if:         (1)    The admittee’s spouse or relative is admitted at the same time under a […]

Section 19-125 – Certificate of Need — Ambulatory Care Facilities

    A certificate of need is required before an ambulatory care facility:         (1)    Offers any health service:             (i)    Through a health care facility;             (ii)    In space leased from a health care facility; or             (iii)    In space on land leased from a health care facility;         (2)    To provide those services, makes an expenditure, if a certificate of need would be required under […]

Section 19-126 – Certificate of Need — Action on Applications

    (a)    If the Commission receives an application for a certificate of need for a change in the bed capacity of a health care facility, as required under § 19–120 of this subtitle, or for a health care project that would create a new health care service or abolish an existing health care service, the Commission shall […]

Section 19-127 – Injunction

    The circuit court for the county where a health care project is being developed or operated in violation of this Part II of this subtitle may enjoin further development or operation.

Section 19-128 – Appeal of Administrative Decision

    (a)    (1)    In this section, “aggrieved party” means:             (i)    An interested party who presented written comments on the application to the Commission and who would be adversely affected by the decision of the Commission on the project; or             (ii)    The Secretary.         (2)    The grounds for appeal by the Secretary shall be that the decision is inconsistent with the State health […]

Section 19-129 – Merger or Consolidation of Hospitals

    (a)    Notwithstanding the fact that a merger or consolidation may limit free economic competition, the Commission may approve the merger or consolidation of 2 or more hospitals if the merger or consolidation:         (1)    Is not inconsistent with the State health plan or any institution-specific plan;         (2)    Will result in the delivery of more efficient and effective hospital services; […]

Section 19-130 – Maryland Trauma Physician Services Fund

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Fund” means the Maryland Trauma Physician Services Fund.         (3)    “Maryland Trauma Specialty Referral Centers” means:             (i)    The Johns Hopkins Health System Burn Program;             (ii)    The Eye Trauma Center at the Wilmer Eye Institute at The Johns Hopkins Hospital; and             (iii)    The Curtis National Hand Center at Union Memorial Hospital. […]