An Act To Refine the Criteria for Issuing a Certificate of Need
Maine Legislature, Session 121, LD 0159
Committee: Health and Human Services
Sponsors: TURNER, DUGAY, MAYO, WESTON, CUMMINGS, O'BRIEN
Amends: 22 MRSA §335

Legislative Document 
No. 159 
S.P.82 
In Senate, January 21,2003 
An Act To Refine the Criteria for Issuing a Certificate of Need 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator TURNER of Cumberland. 
Cosponsored by Representative DUGAY of Cherryfield and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: MAYO of Sagadahoc, WESTON of Waldo, Representatives: CUMMINGS of 
Portland, O'BRIEN of Augusta. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §335, sub-§7, as enacted by PL 2001, c. 664, 
§2, is amended to read: 
7. 
Review; approval. 
Except as provided 
the 
commissioner 
shall 
issue 
a 
certificate 
commissioner 
determines 
and 
makes 
specific 
regarding that determination that: 
in section 336, 
of 
need 
if 
the 
written 
findings 
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 
project 
in 
accordance 
with 
existing 
anticipated future changes in federal, 
licensure 
and 
other 
applicable 
applicable rules; 
and operate the 
and 
reasonably 
state and local 
or 
potentially 
C. 
There is a public need for 
demonstrated by certain factors, 
to: 
the proposed services as 
including, but not limited 
(1) 
Whether, and the extent to which, the project will 
substantially 
address 
specific 
health 
problems 
as 
measured by heal th 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; and 
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 
increase in state costs associated 
the project's services; and 
funds 
to 
cover 
any 
with utilization of 
(3) 
The 
accessible 
methods of 
likelihood 
that 
more 
effective, 
more 
or less costly alternative technologies or 
service delivery may become available. 
In making a determination under this subsection, the commissioner 
shall use data available in the state health plan under section 
253, 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. 
SUMMARY 
This bill requires that applications for certificates of 
need be judged in reference to the state health plan, data from 
the Maine Health Data Organization and other data available to 
the Commissioner of Human Services. 
It requires that particular 
weight be given to information that the proposed health care 
services are innovations in high quality health care delivery and 
that the facility proposing the new health services is designed 
to provide excellent quality health care.