Section 19-121 - Certificate of need - Health maintenance organizations. - Maryland Statutes

§ 19-121. Certificate of need - Health maintenance organizations.
 

(a)  "Health maintenance organization" defined.- In this section, "health maintenance organization" means a health maintenance organization under Subtitle 7 of this title. 

(b)  When certificate required.-  

(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 builds, develops, operates, purchases, or participates in building, developing, operating, or establishing: 

(i) A hospital, as defined in § 19-301 of this title, or an ambulatory surgical facility or center, as defined in § 19-114 (b) of this subtitle; and 

(ii) Any other health care project for which a certificate of need is required under § 19-120 of this subtitle if that health care project is planned for or used by any nonsubscribers of that health maintenance organization. 

(2) Notwithstanding paragraph (1) (i) of this subsection, a health maintenance organization or a health care facility that either controls, directly or indirectly, or is controlled by a health maintenance organization is not required to obtain a certificate of need before purchasing an existing ambulatory surgical facility or center, as defined in § 19-114 (b) of this subtitle. 

(c)  Approval.- An application for a certificate of need by a health maintenance organization or by a health care facility that either controls, directly or indirectly, or is controlled by, a health maintenance organization shall be approved if the Commission finds that the application: 

(1) Documents that the project is necessary to meet the needs of enrolled members and reasonably anticipated new members for the services proposed to be provided by the applicant; and 

(2) Is not inconsistent with those sections of the State health plan or those sections of the institution-specific plan that govern hospitals, as defined in § 19-301 of this title, and ambulatory surgical facilities or centers, as defined in § 19-114 (b) of this subtitle, or health care projects for which a certificate of need is required under subsection (b) (1) (ii) of this section. 
 

[1982, ch. 108, § 1; 1987, ch. 420; 1988, ch. 6, § 1; ch. 658; 1989, ch. 5, § 1; 1992, ch. 20; 1995, ch. 3, § 22; 1999, ch. 702, § 2; 2001, ch. 565, §§ 1, 2.]