Sec. 1. 22 MRSA §328, sub-§2, as enacted by PL 2001, c. 664, §2, is amended to read:

2. Ambulatory surgical facility. "Ambulatory surgical facility" means a facility, not part of a hospital, that provides surgical treatment to patients not requiring hospitalization and that is required to be licensed under section 1812-E or is certified as an ambulatory surgical facility by the federal Medicare program. "Ambulatory surgical facility" does not include the offices of private physicians or dentists, whether in individual or group practice, unless the offices are required to be licensed under section 1812-E or are certified as an ambulatory surgical facility by the federal Medicare program.

Sec. 2. 22 MRSA §328, sub-§8, as enacted by PL 2001, c. 664, §2, is amended to read:

8. Health care facility. "Health care facility" means a hospital, psychiatric hospital, nursing facility, kidney disease treatment center including a freestanding hemodialysis facility, rehabilitation facility, ambulatory surgical facility, independent radiological service center providing imaging services, including, but not limited to, magnetic resonance imaging, computerized tomography, mammography and radiology, independent cardiac catheterization center that provides services, including, but not limited to, cardiac catheterization and angiography or cancer treatment center, endoscopy centers, and medical laboratory licensed in accordance with chapter 411 or licensed by an equivalent out- of-state licensing authority. "Health care facility" does not include the office of a private physician or physicians or a dentist or dentists, whether in individual or group practice.

Sec. 3. 22 MRSA §329, sub-§7, ¶B, as enacted by PL 2001, c. 664, §2, is amended to read:

B. If a person adds a health service not subject to review under subsection 4, paragraph A and not subject to review under subsection 4, paragraph B at the time it was established and not reviewed and approved prior to establishment at the request of the applicant, and its actual 3rd fiscal year operating cost exceeds the expenditure minimum for annual operating costs in the 3rd fiscal year of operation following addition of these services; and

Sec. 4. 22 MRSA §329, sub-§8, as enacted by PL 2001, c. 664, §2, is amended to read: