Resolve, Regarding Legislative Review of Chapter 101: Establishment of the Capital Investment Fund, a Major Substantive Rule of the Governor's Office of Health Policy and Finance
Sec. 1. Adoption. Resolved: That final adoption of Chapter 101: Establishment of the Capital Investment Fund, a provisionally adopted major substantive rule of the Governor's Office of Health Policy and Finance that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized, only if the rule is amended as follows:
1. Section 3, paragraph D, subsection (1) of the rule must be amended to add a 5th additional criterion: specifically, consideration of any unused balance in the Capital Investment Fund from the prior year;
2. Section 3, paragraph D, subsection (2) of the rule must be amended to state that the Governor's Office of Health Policy and Finance may convene an ad hoc panel of experts, as provided in the Maine Revised Statutes, Title 2, section 102, subsection 2, to provide input to the office at a public meeting in accordance with the freedom of access laws;
3. Section 3, paragraph E of the rule must be amended to provide for a public hearing between 17 and 24 days after publication of the notice in the Kennebec Journal, with notice to persons requesting notification between 17 and 24 days prior to the hearing that contains information on the time and place of the public hearing and with the deadline for the submission of comments and with a written notice of the final Capital Investment Fund amount within 120 days; and
4. Section 4 of the rule, "Use and Operation of the Capital Investment Fund," must be amended to exempt hospital and nonhospital projects that are funded fully with public funding from the use of the Capital Investment Fund as a limit on annual resource allocations under the certificate of need program by the Department of Health and Human Services.
Effective September 17, 2005.
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