(a) The Health Services Cost Review Commission may determine to provide for the payment of all or part of the reasonable closure costs of a hospital having outstanding public obligations if the Health Services Cost Review Commission determines that the payment is necessary or appropriate to:
(1) encourage and assist the hospital to close; or
(2) implement the Program created by this part.
(b) In making the determinations under subsection (a) of this section, the Health Services Cost Review Commission shall consider:
(1) the system–wide savings to the State health care system expected to result from the closure or delicensure of the hospital during the longer of:
(i) the period when the fee will be assessed to provide for the payment of the closure costs or any bond issued to finance the closure costs; or
(ii) 5 years after the date of closure or delicensure; and
(2) the recommendations of the Maryland Health Care Commission and the Authority.
(c) Within 60 days after receiving the notice of closure or delicensure required by § 10–344(a)(1)(i) or (b) of this subtitle, the Health Services Cost Review Commission shall:
(1) determine whether to provide for the payment of all or a part of the closure costs of the hospital in accordance with this section; and
(2) give written notification of its determination to the Maryland Health Care Commission and the Authority.
(d) This section does not require the Health Services Cost Review Commission to provide for the payment of any closure costs of a closed or delicensed hospital.
(e) In a proceeding involving the validity or enforceability of a bond issued to finance closure costs or any security for the bond, the determinations of the Health Services Cost Review Commission under this section are conclusive and binding.
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