Current through Register Vol. 51, No. 19, September 20, 2024
A. Filing of
Request. A holder that desires to change a project that has received CON or
other Commission approval shall submit a request for the proposed change and
supporting documentation to the Commission, copying each local health
department within the health planning region of the project and, in the case of
a change in the location or address of a project involving construction of a
new health care facility, to all health care facilities of that type located in
the health planning region.
B.
Commission Approval Required Before Project Changes. Any of the following
proposed changes that would place the project at variance with its CON or other
approval issued under this chapter, including any condition placed on the
approval, shall be reviewed by the Commission:
(1) A significant change in physical plant
design;
(2) A capital cost increase
that exceeds the approved capital cost inflated by an amount determined by
applying the Hospital Capital Market Baskets published by IHS Markit in Health
Care Cost Review or other guidance approved by the Commission and posted on the
Commission website from the application submission date to the date of the
filing of a request for a project change;
(3) A change in the financing mechanisms of
the project; or
(4) A change in the
location of the project.
C. Impermissible Changes. The following
proposed changes to an approved project require a new CON or other appropriate
review and may not be considered by the Commission:
(1) Changes in the fundamental nature of a
facility or the services to be provided in the facility from those that were
approved by the Commission;
(2)
Increases in the facility's total bed capacity or operating room inventory;
or
(3) Changes in the medical
service provided or approved.
D. Commission Action.
(1) Requested changes subject to review under
§B of this regulation shall be reviewed by the Commission.
(2) Within 5 days after the Commission's
receipt of a written request to change the address or location of an approved
project, Commission staff shall arrange to publish notice of receipt of the
change request in the Maryland Register and one newspaper of general
circulation in the appropriate health planning region, shall post the notice on
its website, and shall provide written notice of receipt of the change request
to:
(a) Each member of the General Assembly in
whose district the relocation is planned;
(b) Each member of the governing body for the
jurisdiction in which the relocation is planned; and
(c) The county executive, mayor, or chief
executive officer, if any, in whose county or city the relocation is
planned.
(3) The
Commission shall provide a written notification within 45 days of the
Commission's receipt of a complete change request that:
(a) The proposed change is approved in whole
or part and incorporated into a modified CON or other modified approval for the
project with conditions as appropriate; or
(b) The proposed change is denied, with
explanation.
