CHAPTER 553
H.P. 1578 - L.D. 2225
An Act to Permit Certain Referrals by Health Care Practitioners
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, access to health care is a high priority for citizens of Maine; and
Whereas, there are currently pending agreements between health care practitioners that, as affected by this legislation, would ease access to health care; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2085, sub-§2, as enacted by PL 1993, c. 308, §1, is amended by amending the first paragraph to read:
2. Exemption. Referrals by a health care practitioner are exempt from this chapter if the bureau determines that there is demonstrated need in the community for the facility and alternative financing is not available. A health care practitioner does not have to demonstrate a need for alternative financing if the practitioner has sufficient financial resources in the provider's practice without seeking financing from outside sources other than conventional bank loans. Demonstrated need in the community for the facility exists when:
Sec. 2. 22 MRSA §2085, sub-§2, ¶A, as enacted by PL 1993, c. 308, §1, is amended to read:
A. There is no facility of reasonable quality that provides an appropriate service, or the bureau determines that the quality of health care services would be improved in the community, such as by providing new specialty or subspecialty services without increasing overall health care costs and utilization above levels likely to occur if such an exemption were not granted;
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 15, 2000.
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