CHAPTER 514

S.P. 82 - L.D. 159

An Act To Refine the Criteria for Issuing a Certificate of

Need

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

Whereas, health care projects with applications for certificates of need currently pending with the Department of Human Services that are appropriate for action by the department at this time require action promptly in order to provide needed health care service improvements for residents of this State; 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 §335, sub-§7, as amended by PL 2003, c. 469, Pt. C, §§11 and 12, is further amended to read:

7. Review; approval. Except as provided in section 336, the commissioner shall issue a certificate of need if the commissioner determines and makes specific written findings regarding that determination that:

A. The applicant is fit, willing and able to provide the proposed services at the proper standard of care as