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. […]
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 19-122 – Certificate of Need — Domiciliary Care Projects
A certificate of need is not required to delete, expand, develop, operate, or participate in a health care project for domiciliary care.
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 19-124 – Certificate of Need — Direct Admissions Into Comprehensive Care Nursing Bed
(a) Notwithstanding the provisions of § 19-114(d)(2)(ii) of this part, a continuing care community that qualifies for an exemption from a certificate of need under § 19-114(d)(2)(ii) of this part may admit a subscriber directly into a comprehensive care nursing bed only if, at the time of admission, the subscriber has the potential for an eventual […]
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.