22 §326. Short title
§326. Short title This chapter may be known and cited as the “Maine Certificate of Need Act of 2002.” [PL 2001, c. 664, §2 (NEW).] SECTION HISTORY PL 2001, c. 664, §2 (NEW).
22 §327. Declaration of findings and purposes
§327. Declaration of findings and purposes The Legislature makes the following statements of findings and purposes. [PL 2001, c. 664, §2 (NEW).] 1. Findings. The Legislature finds that unnecessary construction or modification of health care facilities and duplication of health services are substantial factors in the cost of health care and the ability of […]
22 §328. Definitions
§328. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 664, §2 (NEW).] 1. Access to care. “Access to care” means the ability to obtain in a timely manner needed personal health services to achieve the best possible health outcomes balanced by […]
22 §329. Certificate of need required
§329. Certificate of need required A person may not enter into any commitment for financing a project that requires a certificate of need or incur an expenditure for the project without having sought and received a certificate of need, except that this prohibition does not apply to obligations for financing conditioned upon the receipt of […]
22 §330. Exceptions
§330. Exceptions Notwithstanding section 329, the requirements of this Act do not apply with respect to: [PL 2001, c. 664, §2 (NEW).] 1. Healing through prayer. A health care facility operated by a religious group relying solely on spiritual means through prayer for healing; [PL 2001, c. 664, §2 (NEW).] 2. Activities; acquisitions. […]
22 §331. Subsequent review following changes in project
§331. Subsequent review following changes in project When a certificate of need has been issued and changes occur as specified in this section, a subsequent review is required. [PL 2001, c. 664, §2 (NEW).] 1. Criteria for subsequent review. The following activities require subsequent review and approval if the department has previously issued a […]
22 §332. Subsequent review
§332. Subsequent review 1. Subsequent review following approval. When the commissioner has approved an application filed unconditionally or subject to conditions pursuant to section 335, subsection 8, the commissioner may conduct a subsequent review to ensure compliance with any terms or conditions of approval within 3 years after the approved activity is undertaken. In this […]
22 §333-A. Procedures for allowing reallocation of nursing facility capacity
§333-A. Procedures for allowing reallocation of nursing facility capacity 1. Nursing facility MaineCare funding pool. Except as set forth in subsection 3‑A and section 334‑A, savings to the MaineCare program as a result of delicensing of nursing facility beds on or after July 1, 2005, including savings from lapsed beds but excluding savings from reserved […]
22 §333. Procedures after voluntary nursing facility reductions
§333. Procedures after voluntary nursing facility reductions 1. Procedures. A nursing facility that voluntarily reduces the number of its licensed beds at any time prior to July 1, 2007, for any reason except to create private rooms may convert the beds back and thereby increase the number of nursing facility beds to no more than […]
22 §334-A. Nursing facility projects
§334-A. Nursing facility projects 1. Projects that expand current bed capacity. [PL 2011, c. 424, Pt. B, §9 (RP); PL 2011, c. 424, Pt. E, §1 (AFF).] 1-A. Projects that expand current bed capacity. Nursing facility projects that propose to add new nursing facility beds to the inventory of nursing facility beds within the State […]
22 §334. Nursing facility projects (REPEALED)
§334. Nursing facility projects (REPEALED) SECTION HISTORY PL 2001, c. 664, §2 (NEW). PL 2003, c. 416, §1 (AMD). PL 2007, c. 440, §12 (RP).
22 §335. Approval; record
§335. Approval; record This section applies to determinations by the commissioner under this chapter. [PL 2001, c. 664, §2 (NEW).] 1. Basis for decision. Based solely on a review of the record maintained under subsection 6, the commissioner shall approve an application for a certificate of need if the commissioner determines that the project: […]
22 §336. Simplified review and approval process
§336. Simplified review and approval process Notwithstanding the requirements set forth in section 335, the department shall conduct a simplified review and approval process in accordance with this section unless a public hearing has been requested pursuant to section 339, subsection 2, paragraph D, in which case the project is subject to the expanded review […]
22 §337. Application process for certificate of need
§337. Application process for certificate of need 1. Letter of intent. Prior to filing an application for a certificate of need, an applicant shall file a letter of intent with the department. The letter of intent forms the basis for determining the applicability of this chapter to the proposed expenditure or action. A letter of […]
22 §338. Consultation
§338. Consultation 1. Consultation on new technologies and needs. In connection with the development of policies and procedures to implement this Act, the commissioner may, from time to time, consult with persons with relevant skills and experience regarding: A. New medical technologies and the impact of those technologies on the health care delivery system […]
22 §339. Review process; public hearing
§339. Review process; public hearing 1. Review process. The review process consists of an evaluation of the project application for a certificate of need by the department in light of: A. The application itself; [PL 2001, c. 664, §2 (NEW).] B. Material collected or developed by or for the department staff to test […]
22 §340. Reconsideration
§340. Reconsideration Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need. [PL 2001, c. 664, §2 (NEW).] 1. Timing for request. A request […]
22 §341. Remedy
§341. Remedy Any person aggrieved by a final decision of the department made under the provisions of this Act is entitled to review in accordance with this chapter and with Title 5, chapter 375, subchapter VII. [PL 2001, c. 664, §2 (NEW).] 1. Finality. A decision of the department to issue a certificate of […]
22 §342. Rules
§342. Rules The department shall adopt any rules, standards, criteria, plans or procedures that may be necessary to carry out the provisions and purposes of this Act. The department shall provide for public notice and hearing on all proposed rules, standards, criteria, plans, procedures or schedules pursuant to Title 5, chapter 375. Unless otherwise provided […]
22 §343. Public information
§343. Public information The department shall prepare and publish at least annually a report on its activities conducted pursuant to this Act. The annual report must include information on all certificates of need granted and denied and on the assessment of penalties. With regard to all certificates granted on a conditional basis, the report must […]