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LAWS OF MAINE
First Special Session of the 118th

Resolves

CHAPTER 82

H.P. 734 - L.D. 998

Resolve, to Establish the Commission to Study the Certificate of Need Laws

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, a study of the State's certificate of need laws is necessary to enable the State to plan for changes in the delivery of health care; and

     Whereas, at least 6 months are required for a study of the State's certificate of need laws to be completed in a thorough manner; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Commission established. Resolved: That the Commission to Study the Certificate of Need Laws, referred to in this resolve as the "commission," is established; and be it further

     Sec. 2. Membership. Resolved: That the commission consists of 15 members appointed as follows:

     Sec. 3. Appointments. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council upon making their appointments. When the appointment of all members is complete, the Chair of the Legislative Council shall call and convene the first meeting of the commission no later than August 1, 1997. The commission shall select a chair from among its legislative members; and be it further

     Sec. 4. Duties. Resolved: That the commission shall study the application of the State's certificate of need laws, their effectiveness in ensuring access to health care and in controlling costs, the need for modifications to address the changing health care system and alternative methods of meeting the goals of the laws. In examining these issues, the commission shall consult with the public, providers of health care and insurers and other 3rd-party payors; and be it further

     Sec. 5. Staff assistance. Resolved: That the Department of Human Services shall provide staffing and clerical services as requested by the commission; and be it further

     Sec. 6. Reimbursement. Resolved: That the commission members who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses for attendance at meetings of the commission. Other members are not entitled to compensation or reimbursement of expenses; and be it further

     Sec. 7. Report. Resolved: That the commission shall submit its report with any accompanying legislation to the Joint Standing Committee on Health and Human Services and to the Second Regular Session of the 118th Legislature by December 1, 1997; and be it further

     Sec. 8. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.

1997-98

LEGISLATURE

Commission to Study the Certificate of Need Laws

Provides funds for the per diem and expenses of the legislative members of the Commission to Study the Certificate of Need Laws.

LEGISLATURE __________
TOTAL $1,050

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

Effective June 12, 1997.

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