LD 1401
pg. 2
Page 1 of 5 An Act To Further Coordinate the Laws Regarding Certificate of Need, the State ... Page 3 of 5
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LR 1946
Item 1

 
G.__Be consistent with the requirements of the certificate of
need program described in Title 22, chapter 103-A.

 
Sec. 6. 2 MRSA §103, sub-§3-A is enacted to read:

 
3-A.__Review.__The plan must be reviewed by the joint standing
committee of the Legislature having jurisdiction over health and
human services matters prior to being finalized and issued by the
Governor.

 
Sec. 7. 2 MRSA §103, sub-§4, as enacted by PL 2003, c. 469, Pt. B,
§1, is amended to read:

 
4. Uses of plan. The plan must be used in determining the
capital investment fund amount pursuant to section 102 and must
guide the issuance of certificates of need by the State and.__The
plan must be considered by the Commissioner of Health and Human
Services in making determinations regarding applications for
certificates of need under Title 22, chapter 103-A and must serve
as a guide for the health care lending decisions of the Maine
Health and Higher Education Facilities Authority. A certificate
of need or public Public financing that affects health care costs
may not be provided unless it meets goals and budgets explicitly
outlined in the plan.

 
Sec. 8. 22 MRSA §335, sub-§1, ¶B, as enacted by PL 2003, c. 469, Pt.
C, §8, is amended to read:

 
B. Is consistent with Furthers the goals of the State
Health Plan;

 
Sec. 9. 22 MRSA §335, sub-§7, as amended by PL 2003, c. 514, §1, is
further amended to read:

 
7. Review; approval. Except as provided in section 336, the
commissioner shall issue a certificate of need if the
commissioner determines and makes specific written findings
regarding that determination that:

 
A. The applicant is fit, willing and able to provide the
proposed services at the proper standard of care as
demonstrated by, among other factors, whether the quality
of any health care provided in the past by the applicant or
a related party under the applicant's control meets industry
standards;

 
B. The economic feasibility of the proposed services is
demonstrated in terms of the:


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