Section 10-347 - Closure costs - Conditions for payment. - Maryland Statutes

§ 10-347. Closure costs - Conditions for payment.
 

(a)  In general.- The Health Services Cost Review Commission may determine to provide for the payment of all or part of the reasonable closure costs of a hospital having outstanding public obligations if the Health Services Cost Review Commission determines that the payment is necessary or appropriate to: 

(1) encourage and assist the hospital to close; or 

(2) implement the Program created by this part. 

(b)  Considerations.- In making the determinations under subsection (a) of this section, the Health Services Cost Review Commission shall consider: 

(1) the system-wide savings to the State health care system expected to result from the closure or delicensure of the hospital during the longer of: 

(i) the period when the fee will be assessed to provide for the payment of the closure costs or any bond issued to finance the closure costs; or 

(ii) 5 years after the date of closure or delicensure; and 

(2) the recommendations of the Maryland Health Care Commission and the Authority. 

(c)  Determination and notification.- Within 60 days after receiving the notice of closure or delicensure required by § 10-344(a)(1)(i) or (b) of this subtitle, the Health Services Cost Review Commission shall: 

(1) determine whether to provide for the payment of all or a part of the closure costs of the hospital in accordance with this section; and 

(2) give written notification of its determination to the Maryland Health Care Commission and the Authority. 

(d)  Payment not required.- This section does not require the Health Services Cost Review Commission to provide for the payment of any closure costs of a closed or delicensed hospital. 

(e)  Determination binding.- In a proceeding involving the validity or enforceability of a bond issued to finance closure costs or any security for the bond, the determinations of the Health Services Cost Review Commission under this section are conclusive and binding. 
 

[An. Code 1957, art. 43C, § 16A(b)(2), (h); 2008, ch. 306, § 2; ch. 36, § 6.]