LD 1401
pg. 4
Page 3 of 5 An Act To Further Coordinate the Laws Regarding Certificate of Need, the State ... Page 5 of 5
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LR 1946
Item 1

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

 
F.__The project protects the public health and safety.

 
In making a determination under this subsection, the commissioner
shall use data available in the state health plan State Health
Plan under Title 2, section 103, including demographic, health
care service and health care cost data, 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 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.

 
In making all determinations under this subsection, the
commissioner shall consider the State Health Plan as described in
Title 2, section 103.

 
SUMMARY

 
This bill provides coordination among the State Health Plan
and the capital investment fund, adopted by the Governor under
the Maine Revised Statutes, Title 2, chapter 5, and the
certificate of need process under Title 22, chapter 103-A as
follows.

 
1. It clarifies that the capital investment fund serves as a
limit for allocating resources under the certificate of need
program.

 
2. It specifies that demographic, health care service and
health care cost data must be used by the Governor in drafting
the State Health Plan. It requires that the State Health Plan be
consistent with the requirements of the certificate of need
program. It requires review of the process for the development
of the State Health Plan and the plan itself by the joint
standing committee of the Legislature having jurisdiction over
health and human services matters prior to its being finalized
and issued by the Governor.

 
3. It specifies that demographic, health care service and
health care cost data must be used by the Commissioner of Health
and Human Services in making determinations regarding issuance of


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