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delivery of any services, the use of any equipment that has been | acquired, the use of any portion of a facility or any other change | for which a certificate of need as required by this chapter has not | been obtained. Any unauthorized delivery of services, use of | equipment or a portion of a facility or other change is in | violation of the respective chapter under which the facility is | licensed. |
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| | Sec. 25. 22 MRSA §348, as corrected by RR 2001, c. 2, Pt. A, §29, | is amended to read: |
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| §348. Withholding of funds |
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| | A health care nursing facility or other provider may be | eligible to apply for or receive any reimbursement, payment or | other financial assistance from any state agency or other 3rd- | party payor, either directly or indirectly, for any capital | expenditure or operating costs attributable to any project for | which a certificate of need is required by this chapter only if | the certificate of need has been obtained. For the purposes of | this section, the department shall determine the eligibility of a | facility to receive reimbursement for all projects subject to the | provisions of this chapter. |
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| | Sec. 26. 38 MRSA §1310-X, sub-§4, ķA, as amended by PL 2003, c. 551, | §17, is further amended to read: |
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| A. A commercial biomedical waste disposal or treatment | facility, if at least 51% of the facility is owned by a | licensed hospital or hospitals as defined in Title 22, | section 328, subsection 14 or a group of hospitals that are | licensed under Title 22 acting through a statewide | association of Maine hospitals or a wholly owned affiliate | of the association; and |
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| | Sec. 27. MaineCare report on reimbursement methods. The Department of | Health and Human Services shall conduct a review of the current | method of reimbursement to health care providers, including | physicians, and the rates of that reimbursement and provide a | comparison of the impact on the MaineCare program if alternative | methods of reimbursement are implemented, including, but not | limited to, reimbursement on a diagnostic-related groupings, or | DRG, basis. The review must include information on the methods | of reimbursement used by private health insurance carriers and | Medicare and other publicly funded programs. The department | shall submit a report detailing the review required by this | section to the Joint Standing Committee on Health and Human | Services by January 15, 2006. The Joint Standing Committee on | Health and Human Services may report out legislation to make |
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