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<section article="ghg" article_name="Health - General" number="19-114" title_number="19" title_name="Health Care Facilities" subtitle_number="1" subtitle_name="Health Care Planning and Systems Regulation">
  <level label="a">
    <text>In this Part II of this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="a–1">
    <text>“Acquisition” means:</text>
    <level label="1">
      <text>A transfer of stock or assets that results in a change of the person that controls a health care facility; or</text>
    </level>
    <level label="2">
      <text>The transfer of more than 25% of stock or ownership interest in a health care facility.</text>
    </level>
  </level>
  <level label="b">
    <text>“Ambulatory surgical facility” means any center, service, office, facility, or office of one or more health care practitioners or a group practice that:</text>
    <level label="1">
      <text>Has three or more operating rooms;</text>
    </level>
    <level label="2">
      <text>Operates primarily for the purpose of providing surgical services to patients who do not require overnight hospitalization; and</text>
    </level>
    <level label="3">
      <text>Seeks reimbursement from payors as an ambulatory surgical facility.</text>
    </level>
  </level>
  <level label="c">
    <text>“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.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>“Health care facility” means:</text>
      <level label="i">
        <text>A hospital, as defined in § 19–301 of this title;</text>
      </level>
      <level label="ii">
        <text>A limited service hospital, as defined in § 19–301 of this title;</text>
      </level>
      <level label="iii">
        <text>A related institution, as defined in § 19–301 of this title;</text>
      </level>
      <level label="iv">
        <text>An ambulatory surgical facility;</text>
      </level>
      <level label="v">
        <text>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;</text>
      </level>
      <level label="vi">
        <text>A home health agency, as defined in § 19–401 of this title;</text>
      </level>
      <level label="vii">
        <text>A hospice, as defined in § 19–901 of this title;</text>
      </level>
      <level label="viii">
        <text>A freestanding medical facility, as defined in § 19–3A–01 of this title; and</text>
      </level>
      <level label="ix">
        <text>Any other health institution, service, or program for which this Part II of this subtitle requires a certificate of need.</text>
      </level>
    </level>
    <level label="2">
      <text>“Health care facility” does not include:</text>
      <level label="i">
        <text>A hospital or related institution that is operated, or is listed and certified, by the First Church of Christ Scientist, Boston, Massachusetts;</text>
      </level>
      <level label="ii">
        <text>For the purpose of providing an exception to the requirement for 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 in § 10–401 of the Human Services Article, if:</text>
        <level label="1">
          <text>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, including continuing care at home agreements, and paid entrance fees that are at least equal to the lowest entrance fee charged for an independent living unit, an assisted living unit, or a continuing care at home agreement before entering the continuing care community, regardless of the level of care needed by the subscribers at the time of admission;</text>
        </level>
        <level label="2">
          <text>The facility is located on the campus of the continuing care community; and</text>
        </level>
        <level label="3">
          <text>The number of comprehensive care nursing beds in the community does not exceed:</text>
        </level>
        <level label="A">
          <text>24 percent of the number of independent living units in a community having less than 300 independent living units; or</text>
        </level>
        <level label="B">
          <text>20 percent of the number of independent living units in a community having 300 or more independent living units;</text>
        </level>
      </level>
      <level label="iii">
        <text>For the purpose of providing an exception to the requirement for a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care that:</text>
        <level label="1">
          <text>Is owned and operated by the Maryland Department of Veterans and Military Families; and</text>
        </level>
        <level label="2">
          <text>Restricts admissions to individuals who meet the residency requirements established by the Maryland Department of Veterans and Military Families and are:</text>
        </level>
        <level label="A">
          <text>Veterans who were discharged or released from the uniformed services under honorable conditions;</text>
        </level>
        <level label="B">
          <text>Former members of a reserve component, as defined in § 9–901 of the State Government Article; or</text>
        </level>
        <level label="C">
          <text>Nonveteran spouses of eligible veterans;</text>
        </level>
      </level>
      <level label="iv">
        <text>Except for a facility to provide kidney transplant services or programs, a kidney disease treatment facility, as defined by rule or regulation of the United States Department of Health and Human Services;</text>
      </level>
      <level label="v">
        <text>Except for kidney transplant services or programs, the kidney disease treatment stations and services provided by or on behalf of a hospital or related institution; or</text>
      </level>
      <level label="vi">
        <text>The office of one or more individuals licensed to practice dentistry under Title 4 of the Health Occupations Article, for the purposes of practicing dentistry.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>“Health care practitioner” means any individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.</text>
  </level>
  <level label="f">
    <text>“Health service area” means an area of this State that the Governor designates as appropriate for planning and developing of health services.</text>
  </level>
  <level label="g">
    <text>“Local health planning agency” means the health department of a jurisdiction or a body designated by the local health department to perform health planning functions.</text>
  </level>
  <level label="h">
    <text>“State health plan” means the State health plan for facilities and services.</text>
  </level>
</section>
