Sec. B-1. 2 MRSA c. 5 is enacted to read:
CHAPTER 5
STATE HEALTH PLANNING
1. Governor. The Governor or the Governor's designee shall:
A. Develop and issue the biennial State Health Plan, referred to in this chapter as "the plan," pursuant to section 103. The first plan must be issued by May 2004;
B. Make an annual report to the public assessing the progress toward meeting goals of the plan and provide any needed updates to the plan;
C. Issue an annual statewide health expenditure budget report that must serve as the basis for establishing priorities within the plan; and
D. Establish a limit, called the capital investment fund, for each year of the plan pursuant to section 102.
The Governor shall provide the reports specified in paragraphs B and C to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters.
§102. Capital investment fund
1. Purpose. The capital investment fund is a limit for resources allocated annually under the certificate of need program described in Title 22, chapter 103-A.
2. Process; criteria. The process for determining the capital investment fund amount must be set forth in rules and may include the formation of an ad hoc expert panel to advise the Governor. The process must include the division of the total capital investment fund amount into nonhospital and hospital components, must establish large and small capital investment fund amounts within each component and must be based on 3rd-year capital and operating expenses of projects under the certificate of need program. The process must take into account the following:
A. The plan;
B. The opportunity for improved operational efficiencies in the State's health care system;
C. The average age of the infrastructure of the State's health care system; and
D. Technological developments and the dissemination of technology in health care.
3. Nonhospital capital expenditures. For the first 3 years of the plan, the nonhospital component of the capital investment fund must be at least 12.5% of the total.
This subsection is repealed July 1, 2007.
§103. State Health Plan
1. Purpose. The plan issued pursuant to section 101, subsection 1, paragraph A must set forth a comprehensive, coordinated approach to the development of health care facilities and resources in the State based on statewide cost, quality and access goals and strategies to ensure access to affordable health care, maintain a rational system of health care and promote the development of the health care workforce.
2. Input. In developing the plan, the Governor shall, at a minimum, seek input from the Advisory Council on Health Systems Development, pursuant to section 104; the Maine Quality Forum and the Maine Quality Forum Advisory Council, pursuant to Title 24-A, chapter 87, subchapter 2; a statewide health performance council; and other agencies and organizations.
3. Requirements. The plan must:
A. Assess health care cost, quality and access in the State;
B. Develop benchmarks to measure cost, quality and access goals and report on progress toward meeting those goals;
C. Establish and set annual priorities among health care cost, quality and access goals;
D. Prioritize the capital investment needs of the health care system in the State within the capital investment fund, established under section 102;
E. Outline strategies to:
(1) Promote health systems change;
(2) Address the factors influencing health care cost increases; and
(3) Address the major threats to public health and safety in the State, including, but not limited to, lung disease, diabetes, cancer and heart disease; and
F. Provide recommendations to help purchasers and providers make decisions that improve public health and build an affordable, high-quality health care system.
4. Uses of plan. The plan must be used in determining the capital investment fund amount pursuant to section 102 and must guide the issuance of certificates of need by the State and the health care lending decisions of the Maine Health and Higher Education Facilities Authority. A certificate of need or public financing that affects health care costs may not be provided unless it meets goals and budgets explicitly outlined in the plan.
§104. Advisory Council on Health Systems Development
1. Appointment; composition. The Advisory Council on Health Systems Development, established in Title 5, section 12004-I, subsection 31-A and referred to in this section as "the council," consists of the following 11 members appointed by the Governor with approval of the joint standing committee of the Legislature having jurisdiction over health and human services matters:
A. Two individuals with expertise in health care delivery;
B. One individual with expertise in long-term care;
C. One individual with expertise in mental health;
D. One individual with expertise in public health care financing;
E. One individual with expertise in private health care financing;
F. One individual with expertise in health care quality;
G. One individual with expertise in public health;
H. Two representatives of consumers; and
I. One representative of the Department of Human Services, Bureau of Health program that works collaboratively with other organizations to improve the health of the citizens of this State.
Prior to making appointments to the council, the Governor shall seek nominations from the public, from statewide associations representing hospitals, physicians and consumers and from individuals and organizations with expertise in health care delivery systems, health care financing, health care quality and public health.
2. Term. Members of the council serve 5-year terms except for initial appointees. Initial appointees must include 3 members appointed to 3-year terms, 4 members appointed to 4-year terms and 4 members appointed to 5-year terms. A member may not serve more than 2 consecutive terms.
3. Compensation. Members of the council are entitled to compensation according to the provisions of Title 5, chapter 379.
4. Quorum. A quorum is a majority of the members of the council.
5. Chair. The council shall annually choose one of its members to serve as chair for a one-year term.
6. Meetings. The council shall meet at least 4 times a year at regular intervals and may meet at other times at the call of the chair or the Governor. Meetings of the council are public proceedings as provided by Title 1, chapter 13, subchapter 1.
7. Duties. The council shall advise the Governor in developing the plan by:
A. Collecting and coordinating data on health systems development in this State;
B. Synthesizing relevant research; and
C. Conducting at least 2 public hearings on the plan and the capital investment fund each biennium.
8. Staff support. The Governor's office shall provide staff support to the council. The Department of Human Services, Bureau of Health, the Maine Health Data Organization and other agencies of State Government as necessary and appropriate shall provide additional staff support or assistance to the council.
9. Data. The council shall solicit data and information from both the public and private sectors to help inform the council's work.
A. The following organizations shall forward data that documents key public health needs, organized by region of the State, to the council annually:
(1) The Department of Human Services, Bureau of Health;
(2) The Maine Center for Public Health Practice established pursuant to Title 22, section 3-D; and
(3) A statewide public health association.
B. Public purchasers using state or municipal funds to purchase health care services or health insurance shall, beginning January 1, 2004, submit to the council a consolidated public purchasers expenditure report outlining all funds expended in the most recently completed state fiscal year for hospital inpatient and outpatient care, physician services, prescription drugs, long-term care, mental health and other services and administration, organized by agency.
C. The council shall encourage private purchasers established under Title 13, Title 13-B and Title 13-C to develop and submit to the council a health expenditure report similar to that described in paragraph B.
The Governor shall adopt rules for the implementation of this chapter. Rules adopted pursuant to this chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. B-2. 5 MRSA §12004-I, sub-§31-A is enacted to read:
Sec. B-3. 22 MRSA §253, as amended by PL 2001, c. 354, §3, is repealed.
Sec. B-4. 22 MRSA §1709, as enacted by PL 1965, c. 231, §3, is repealed.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
