CHAPTER 185

S.P. 701 - L.D. 1784

Resolve, To Clarify Contingency Allowance under the

Certificate of Need Law

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

Whereas, capital projects that are already under construction will be affected by this legislation; 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

Sec. 1. Maximum expenditure and contingency allowance. Resolved: That the Department of Health and Human Services shall revise or adopt rules as needed to provide for a contingency allowance for the project budget of 5% to 8% depending on the type of project, as defined in the rules, in issuing a certificate of need under the Maine Revised Statutes, Title 22, chapter 103-A. A single contingency allowance must be provided for in all projects and the allowance may not be subject to an additional cap other than the applicable percentage. The department shall repeal the current cap of $1,000,000; and be it further

Sec. 2. Rules. Resolved: That rules adopted pursuant to section 1 are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.