LD 1611
pg. 34
Page 33 of 47 An Act To Provide Affordable Health Insurance to Small Businesses and Individua... Page 35 of 47
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LR 2137
Item 1

 
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.

 
Sec. C-14. 22 MRSA §2061, sub-§2, as amended by PL 1993, c. 390, §24,
is further amended to read:

 
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;

 
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:

 
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.

 
Sec. C-16. 22 MRSA §8702, sub-§4-A is enacted to read:

 
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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