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 demonstrated by, among other factors, whether the quality of any health care provided in the past by the applicant or a related party under the applicant's control meets industry standards;
B. The economic feasibility of the proposed services is demonstrated in terms of the:
(1) Capacity of the applicant to support the project financially over its useful life, in light of the rates the applicant expects to be able to charge for the services to be provided by the project; and
(2) Applicant's ability to establish and operate the project in accordance with existing and reasonably anticipated future changes in federal, state and local licensure and other applicable or potentially applicable rules;
C. There is a public need for the proposed services as demonstrated by certain factors, including, but not limited to:
(1) Whether, and the extent to which, the project will substantially address specific health problems as measured by health needs in the area to be served by the project;
(2) Whether the project will have a positive impact on the health status indicators of the population to be served;
(3) Whether the services affected by the project will be accessible to all residents of the area proposed to be served; and
(4) Whether the project will provide demonstrable improvements in quality and outcome measures applicable to the services proposed in the project;
D. The proposed services are consistent with the orderly and economic development of health facilities and health resources for the State as demonstrated by:
(1) The impact of the project on total health care expenditures after taking into account, to the extent practical, both the costs and benefits of the project and the competing demands in the local service area and statewide for available resources for health care;
(2) The availability of state funds to cover any increase in state costs associated with utilization of the project's services; and
(3) The likelihood that more effective, more accessible or less costly alternative technologies or methods of service delivery may become available; and
E. The project meets the criteria set forth in subsection 1.
In making a determination under this subsection, the commissioner shall use data available in the state health plan under Title 2, section 103, data from the Maine Health Data Organization established in chapter 1683 and other information available to the commissioner. Particular weight must be given to information that indicates that the proposed health services are innovations in high quality health care delivery, that the proposed health services are not reasonably available in the proposed area and that the facility proposing the new health services is designed to provide excellent quality health care.
Sec. 2. Nursing facility projects. Notwithstanding the provisions of the Maine Revised Statutes, Title 22, section 334, the Department of Human Services may approve a nursing facility project if the applicant has been recommended for conditional approval from the department prior to February 15, 2004, complies with all other applicable state rules and federal regulations and demonstrates cost-neutrality using savings obtained from the purchase of beds from the Maine Health and Higher Education Facilities Authority and approved by the department.
Sec. 3. Report on nursing facility projects. By February 15, 2004, the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding funding requirements under the Maine Revised Statutes, Title 22, section 334 for nursing facility projects that use banked beds from nursing facilities and residential care facilities. The joint standing committee of the Legislature having jurisdiction over health and human services matters is authorized to report out legislation regarding this issue to the First Regular Session of the 122nd Legislature.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 11, 2004.
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