(3) The likelihood that more effective, more accessible or less costly alternative technologies or methods of service delivery may become available; and

E. The project meets the criteria set forth in subsection 1.

In making a determination under this subsection, the commissioner shall use data available in the state health plan under Title 2, section 103, data from the Maine Health Data Organization established in chapter 1683 and other information available to the commissioner.__Particular weight must be given to information that indicates that the proposed health services are innovations in high quality health care delivery, that the proposed health services are not reasonably available in the proposed area and that the facility proposing the new health services is designed to provide excellent quality health care.

Sec. 2. Nursing facility projects. Notwithstanding the provisions of the Maine Revised Statutes, Title 22, section 334, the Department of Human Services may approve a nursing facility project if the applicant has been recommended for conditional approval from the department prior to February 15, 2004, complies with all other applicable state rules and federal regulations and demonstrates cost-neutrality using savings obtained from the purchase of beds from the Maine Health and Higher Education Facilities Authority and approved by the department.

Sec. 3. Report on nursing facility projects. By February 15, 2004, the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding funding requirements under the Maine Revised Statutes, Title 22, section 334 for nursing facility projects that use banked beds from nursing facilities and residential care facilities. The joint standing committee of the Legislature having jurisdiction over health and human services matters is authorized to report out legislation regarding this issue to the First Regular Session of the 122nd Legislature.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.