Resolve, To Study the Impact of "Critical Access Facility Designation of Maine Hospitals
Maine Legislature, Session 121, LD 1156
Committee: Health and Human Services
Sponsors: KANE, CRAVEN, EARLE, LA VERRIERE-BOUCHER, MAILHOT, WALCOTT, BRENNAN

Legislative Document 
No. 1156 
H.P.855 
House of Representatives, March 4, 2003 
Resolve, To Study the Impact of "Critical Access Facility" 
Designation of Maine Hospitals 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative KANE of Saco. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CRAVEN of Lewiston, EARLE of Damariscotta, 
LA VERRIERE-BOUCHER of Biddeford, MAILHOT of Lewiston, WALCOTT of Lewiston, 
Senator: BRENNAN of Cumberland. 
Printed on recycled papeT 
Emergency preamble. 
Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies: and 
resolves 
of 
the 
days 
after 
Whereas, the 
study 
period expires in order 
report submitted in time 
December 15, 2003: and 
must 
be 
that the 
initiated 
study may 
for submission to 
before the 
90-day 
be completed and a 
the Legislature by 
Whereas, health care costs, and consequently hospital costs, 
are continuing to rise at an alarming rate: 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. Department of Human Services to study critical access. 
Resolved: 
That the Department of Human Services shall administer 
a 
study 
commission, 
referred 
to 
in 
this 
resolve 
as 
"the 
commission," 
in 
consultation 
with 
the 
advisory 
committee 
established in this resolve, to study the impact of "critical 
access facility" designation of Maine hospitals to determine the 
impact on hospital charges: to assess what impact, if any, the 
designations have on cost-shifting to other payers; and to make 
recommendations 
regarding 
further 
"critical 
access 
facility" 
designation for additional Maine hospitals: and be it further 
Sec. 2 .. Authority to contract. Resolved: 
That the Department of 
Human Services shall administer the commission and may enter into 
contracts with consultants 
for 
the performance 
of 
the 
study 
pursuant to subsection 1. 
After consultation with the advisory 
committee 
established in this 
resolve, 
the 
commission 
shall 
determine 
the nature 
and extent of the contractual services 
necessary for the completion of the study in accordance with this 
resolve and shall prepare and administer all contracts pursuant 
to those determinations in accordance with the Maine 
Revised 
Statutes, Title 5, chapter 155; and be it further 
Sec. 3. 
Advisory committee established. 
Resolved: 
That 
the 
commission must be administered in consultation with an advisory 
committee, referred to in this resolve as "the committee," that 
consists of 9 members appointed as follows: 
1. 
The Superintendent of Insurance or the superintendent's 
designee: 
2. 
Two 
members 
of the Senate, 
to be appointed by the 
President of the Senate: 
Page l-LR1243(1) 
3. 
Two 
members of the House of Representatives, 
to be 
appointed by the Speaker of the House: 
4. 
One 
hospital administrator, 
to 
be 
appointed by 
the 
President of the Senate: 
5. 
One representative of commercial health insurers, to be 
appointed by the Speaker of the House of Representatives: 
6. 
One representative of consumers, to be appointed by the 
Governor: and 
7. 
One 
private 
employer, 
whose 
company 
offers 
health 
insurance to its employees, to be appointed by the Governor: and 
be it further 
Sec. 4. 
Committee chairs. 
Resolved: 
That 
the 
first-named 
Senate member is the Senate chair of the 
committee 
and the 
first-named House of Representatives member is the House chair of 
the committee; and be it further 
Sec. 5. Appointments; convening of committee. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the committee; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the committee. 
The 
Department of Human Services shall provide their own staffing 
services to the commission: and be it further 
Sec. 
7. 
Committee 
compensation. 
Resolved: 
That 
the 
legislative 
members 
of 
the committee 
are 
entitled 
to 
the 
legislative per diem, as defined in the Maine Revised Statutes, 
Title 
3, 
section 
2, 
and 
reimbursement 
for 
travel 
and other 
necessary expenses related to their attendance at authorized at 
meetings 
of 
the 
committee. 
Public 
members 
not 
otherwise 
compensated 
by 
their 
employers 
or 
other entities that 
they 
represent are entitled to 
receive 
reimbursement of necessary 
expenses and, 
upon demonstration of financial hardship, 
a per 
diem equal to the legislative per diem for their attendance at 
authorized meetings of the committee; and be it further 
· Sec. 8. 
Recommendations and 
authorization to 
report 
out 
legislation. 
Resolved: 
No 
later 
than 
December 
15, 
2003, 
the 
commission shall submit a report that includes its findings and 
recommendations, including suggested legislation for presentation 
to the Joint Standing Committee on Health and Human Services and 
the Legislative Council. 
The commission is authorized to submit 
legislation 
to 
the 
Second 
Regular 
Session 
of 
the 
l2lst 
Legislature. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve directs the Department of Human Services to 
establish 
a 
study 
commission 
within 
the 
department, 
with 
consultation 
by 
an 
advisory 
committee 
established 
by 
the 
Legislature, to report to the Legislature about the impact of 
"critical access facility" designation on hospital costs in the 
State. 
..