§344. Conflict of interest In addition to the limitations of Title 5, section 18, a member or employee of the department who has a substantial economic or fiduciary interest that would be affected by a recommendation or decision to issue or deny a certificate of need or who has a close relative or economic associate […]
§345. Division of project to evade cost limitation prohibited A health care facility or other party required to obtain a certificate of need may not separate portions of a single project into components, including, but not limited to, site facility and equipment, to evade the cost limitations or other requirements of section 329. [PL […]
§346. Scope of certificate of need 1. Application determinative. A certificate of need is valid only for the defined scope, premises and facility or person named in the application and is not transferable or assignable. [PL 2001, c. 664, §2 (NEW).] 2. Maximum expenditure. In issuing a certificate of need, the department shall specify […]
§347. Withholding of license A new health care facility, as defined in section 328, is eligible to obtain a license under the applicable state law if the facility has obtained a certificate of need as required by this chapter. The license of any facility does not extend to include and may not otherwise be deemed […]
§348. Withholding of funds A health care facility or other provider may be eligible to apply for or receive any reimbursement, payment or other financial assistance from any state agency or other 3rd-party payor, either directly or indirectly, for any capital expenditure or operating costs attributable to any project for which a certificate of need […]
§349-A. Compliance investigation To ensure compliance with this chapter or rules adopted under this chapter, the department may investigate a health care facility or other entity subject to this chapter when the department has a reasonable basis to suspect that a violation has occurred. The health care facility or other entity subject to this chapter […]
§349. Injunction The Attorney General, upon the request of the department, shall seek to enjoin any project for which a certificate of need as required by this chapter has not been obtained and shall take any other action as may be appropriate to enforce this chapter. [PL 2001, c. 664, §2 (NEW).] SECTION HISTORY […]
§350-A. Cost-of-living adjustment (REPEALED) (REALLOCATED FROM TITLE 22, SECTION 351) SECTION HISTORY RR 2001, c. 2, §A30 (RAL). PL 2007, c. 440, §21 (AMD). PL 2007, c. 681, §7 (AMD). PL 2009, c. 383, §15 (RP).
§350-B. Federal funding (REALLOCATED FROM TITLE 22, SECTION 352) The department is authorized to accept any federal funds to be used for the purposes of carrying out this chapter. [RR 2001, c. 2, Pt. A, §31 (RAL).] SECTION HISTORY RR 2001, c. 2, §A31 (RAL).
§350-C. Implementation reports (REALLOCATED FROM TITLE 22, SECTION 353) The holder of a certificate of need shall make written reports as provided in this section and as required by rule adopted by the department. [RR 2001, c. 2, Pt. A, §32 (RAL).] 1. Final plans and specifications. A holder of a certificate of need […]
§350. Penalty 1. Violation. An individual, partnership, association, organization, corporation or trust that violates any provision of this chapter or any rate, rule or regulation pursuant to this chapter is subject to a fine imposed in conformance with the Maine Administrative Procedure Act and payable to the State of not more than $10,000. The department […]
