2010 Maryland Code
HEALTH - GENERAL
TITLE 19 - HEALTH CARE FACILITIES
Subtitle 1 - Health Care Planning and Systems Regulation
Section 19-118 - State health plan.

§ 19-118. State health plan.
 

(a)  Duty of Commission; contents of plan.-  

(1) At least every 5 years, beginning no later than October 1, 1983, the Commission shall adopt a State health plan. 

(2) The plan shall include: 

(i) The methodologies, standards, and criteria for certificate of need review; and 

(ii) Priority for conversion of acute capacity to alternative uses where appropriate. 

(b)  Review of State plan; publication of changes.- Annually or upon petition by any person, the Commission shall review the State health plan and publish any changes in the plan that the Commission considers necessary, subject to the review and approval granted to the Governor under this subtitle. 

(c)  Rules and regulations to ensure public input.- The Commission shall adopt rules and regulations that ensure broad public input, public hearings, and consideration of local health plans in development of the State health plan. 

(d)  Standards and policies relating to certificate of need program.-  

(1) The Commission shall develop standards and policies consistent with the State health plan that relate to the certificate of need program. 

(2) The standards: 

(i) Shall address the availability, accessibility, cost, and quality of health care; and 

(ii) Are to be reviewed and revised periodically to reflect new developments in health planning, delivery, and technology. 

(3) In adopting standards regarding cost, efficiency, cost-effectiveness, or financial feasibility, the Commission shall take into account the relevant methodologies of the Health Services Cost Review Commission. 

(e)  Duties of Secretary.- Annually, the Secretary shall make recommendations to the Commission on the plan. The Secretary may review and comment on State specifications to be used in the development of the State health plan. 

(f)  Duty of State agencies and departments.- All State agencies and departments, directly or indirectly involved with or responsible for any aspect of regulating, funding, or planning for the health care industry or persons involved in it, shall carry out their responsibilities in a manner consistent with the State health plan and available fiscal resources. 

(g)  Certain standards and requirements not duplicated.- In carrying out their responsibilities under this Part II of this subtitle for hospitals, the Commission and the Secretary shall recognize, but may not apply, develop, or duplicate standards or requirements related to quality which have been adopted and enforced by national or State licensing or accrediting authorities. 

(h)  Transfer of functions.- The Commission shall transfer to the Department of Health and Mental Hygiene health planning functions and necessary staff resources for licensed entities in the State health plan that are not required to obtain a certificate of need or an exemption from the certificate of need program. 
 

[1982, ch. 108, § 1; 1985, ch. 109, § 2; 1986, ch. 803; 1999, ch. 702, § 2; 2001, ch. 565, §§ 1, 2.]