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<section article="ghg" article_name="Health - General" number="19-121" 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 section, “health maintenance organization” means a health maintenance organization under Subtitle 7 of this title.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>A hospital, as defined in § 19–301 of this title; and</text>
      </level>
      <level label="ii">
        <text>Any other health care project for which a certificate of need is required under § 19–120 of this subtitle unless at least 90% of the patients who will receive health care services from the project will be individuals enrolled in that health maintenance organization.</text>
      </level>
    </level>
    <level label="2">
      <text>Notwithstanding paragraph (1)(ii) 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.</text>
    </level>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
