(a) (1) On or before October 1 each year, the Commission shall adopt a State health plan.
(2) The plan shall:
(i) Be consistent with the Maryland All Payer Model Contract;
(ii) Include methodologies, standards, and criteria for certificate of need review; and
(iii) Prioritize conversion of acute capacity to alternative uses where appropriate.
(b) Annually or on petition by any person, the Commission shall:
(1) Assess each State health plan chapter;
(2) Determine the chapter or chapters of the State health plan that should be reviewed and revised;
(3) Establish, at a public meeting, the priority order and timeline of the State health plan chapter review and revision; and
(4) Publish any changes in the State health plan that the Commission considers necessary, subject to the review and approval granted to the Governor under this subtitle.
(c) 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) (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) 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) 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) 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) The Commission shall transfer to the Maryland Department of Health 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.
Structure Maryland Statutes
Title 19 - Health Care Facilities
Subtitle 1 - Health Care Planning and Systems Regulation
Part II - Health Planning and Development
Section 19-115 - Duties of Commission in Health Planning and Development
Section 19-116 - Studies of Systems Capacity in Health Services
Section 19-118 - State Health Plan
Section 19-119 - Institution-Specific Plan
Section 19-120 - Certificate of Need -- Health Care Facilities
Section 19-120.1 - Certificate of Conformance
Section 19-121 - Certificate of Need -- Health Maintenance Organizations
Section 19-122 - Certificate of Need -- Domiciliary Care Projects
Section 19-124 - Certificate of Need -- Direct Admissions Into Comprehensive Care Nursing Bed
Section 19-125 - Certificate of Need -- Ambulatory Care Facilities
Section 19-126 - Certificate of Need -- Action on Applications
Section 19-128 - Appeal of Administrative Decision