1. (a) In this section, “health maintenance organization” means a health maintenance organization under Subtitle 7 of this title.

2. (b)

   1. (1) 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:

      1. (i) A hospital, as defined in § 19-301 of this title; and
      2. (ii) 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.
   2. (2) 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.

3. (c) 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:

   1. (1) 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
   2. (2) 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.

Added as Health-General § 19-116 by Acts 1982, c. 108, § 1, eff. Oct. 1, 1982. Amended by Acts 1987, c. 420, § 1, eff. July 1, 1987; Acts 1988, c. 6, § 1, eff. July 1, 1988; Acts 1988, c. 658, § 1, eff. July 1, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1992, c. 20, § 1, eff. April 7, 1992; Acts 1995, c. 3, § 22, eff. Oct. 1, 1996. Renumbered as Health-General § 19-124 and amended by Acts 1999, c. 702, § 2, eff. Oct. 1, 1999. Amended by Acts 2001, c. 565, § 1, eff. July 1, 2001. Renumbered from Health General § 19-121 by Acts 2001, c. 565, § 2, eff. July 1, 2001. Amended by Acts 2018, c. 448, § 1, eff. Oct. 1, 2018; Acts 2018, c. 449, § 1, eff. Oct. 1, 2018.