SUBCHAPTER 5

MAINE HEALTH CARE AGENCY

§375.__Establishment

The Maine Health Care Agency is established as an independent executive agency to:

1.__Maine Health Care Plan.__Administer and oversee the Maine Health Care Plan established by section 372;

2.__Maine Health Care Council.__Take action under the direction of the Maine Health Care Council established by section 377; and

3.__Maine Health Care Trust Fund.__Administer and oversee the Maine Health Care Trust Fund established by section 374, subsection 1.

§376.__General powers

In addition to the powers granted to the agency elsewhere in this chapter, the agency is authorized to act as necessary to carry out the purposes of this chapter, including, but not limited to, the following.

1.__Rulemaking.__The agency may adopt, amend and repeal rules as necessary for the proper administration and enforcement of this chapter, subject to the Maine Administrative Procedure Act.__ Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

2.__Executive director and staff.__The agency shall employ an executive director, who must have had experience in the organization, financing or delivery of health care and who shall perform the duties delegated by the agency.__The agency may delegate to the executive director any of its functions and duties except the adoption of rules, the establishment of a global budget for health care for the State under section 373, subsection 4 and the approval of certification of need applications under chapter 103-A.__The executive director is an unclassified employee and serves at the pleasure of the council.__ The executive director, at the direction of the agency, shall hire personnel to administer this chapter, subject to the Civil Service Law and within the budget set by the agency.