Maryland Health - General Section 19-131

      (a)      On or before July 1, 2008, the Commission, in consultation with the Health Services Cost Review Commission and the Department of Health and Mental Hygiene, shall propose emergency regulations to establish a review process to approve facilities in the State that may seek licensure as a freestanding medical facility, as provided in Subtitle 3A of this title.

      (b)      The regulations shall include:

            (1)      A process to identify areas of the State in which a freestanding medical facility could meet health care service delivery needs;

            (2)      A process for submitting and acting on applications;

            (3)      Criteria for evaluating and approving applications, including:

                  (i)      Documentation that the proposed freestanding medical facility will meet the licensure requirements of Subtitle 3A of this title;

                  (ii)      The efficiency and effectiveness of the proposed freestanding medical facility in meeting the health care needs of the health planning region;

                  (iii)      The types of equipment and level of staffing specified, in relation to the services the freestanding medical facility proposes to provide; and

                  (iv)      Costs to both public and private payers; and

            (4)      Appropriate notice and opportunity for a hearing and judicial review, in accordance with the Administrative Procedure Act.

      (c)      A facility that is approved under this section to seek licensure as a freestanding medical facility shall provide to the Commission information, as specified by the Commission, on the configuration, location, operation, and utilization, including patient-level utilization, of the freestanding medical facility.

      (d)      A freestanding medical facility pilot project is exempt from the review process in subsections (a) and (b) of this section.