| | 8.__Implementation.__If, after evaluating the proposed plan | and consulting with the Attorney General pursuant to subsection | 6, the Governor determines that the proposed plan satisfies the | criteria set forth in subsection 4 and, further, that the | benefits posed by the proposed plan outweigh the disadvantages, | the proposed plan must be approved for implementation.__The | approved plan does not require additional review under the Maine | Certificate of Need Act of 2002. |
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| | Sec. C-14. 22 MRSA §2061, sub-§2, as amended by PL 1993, c. 390, §24, | is further amended to read: |
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| | 2. Review. Each project for a health care facility has been | reviewed and approved to the extent required by the agency of the | State that serves as the Designated Planning Agency of the State | or by the Department of Human Services in accordance with the | provisions of the Maine Certificate of Need Act of 1978 2002, as | amended, or, in the case of a project for a hospital, has been | reviewed and approved by the Maine Health Care Finance Commission | to the extent required by chapter 107 and meets the intent of the | State Health Plan in Title 2, chapter 5 for controlling health | care and health insurance costs in the State; |
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| | Sec. C-15. 22 MRSA §8702, sub-§4, as amended by PL 2001, c. 596, Pt. | B, §21 and affected by §25, is further amended to read: |
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| | 4. Health care facility. "Health care facility" means a | public or private, proprietary or not-for-profit entity or | institution providing health services, including, but not limited | to, a radiological facility licensed under chapter 160, a health | care facility licensed under chapter 405 or certified under | chapter 405-D, an independent radiological service center, a | federally qualified health center or, rural health clinic or | rehabilitation agency certified or otherwise approved by the | Division of Licensing and Certification within the Department of | Human Services, a home health care provider licensed under | chapter 419, a residential care facility licensed under chapter | 1664, a hospice provider licensed under chapter 1681, a community | rehabilitation program licensed under Title 20-A, chapter 701 a | retail store drug outlet licensed under Title 32, chapter 117, a | state institution as defined under Title 34-B, chapter 1 and a | mental health facility licensed under Title 34-B, chapter 1. |
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| | Sec. C-16. 22 MRSA §8702, sub-§4-A is enacted to read: |
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| | 4-A.__Health care practitioner.__"Health care practitioner" | means a person licensed by this State to provide or otherwise | lawfully providing health care or a partnership or corporation | made up of such persons or an officer, employee, agent or | contractor of such | a person acting in the course and scope of |
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