Resolve, Regarding Legislative Review of Chapter 101: Establishment of the Capital Investment Fund, a Major Substantive Rule of the Governor's Office of Health Policy and Finance
Maine Legislature, Session 122, LD 0033
Committee Amendment CA_A_H636 (House)

COMMITTEE 
AMENDMENT "A-" 
to H.P. 
36, 
L.D. 
33, 
"Resolve, 
Regarding Legislative Review of Chapter 101: Establishment of the 
Capital 
Investment 
Fund, 
a 
Major 
Substantive 
Rule 
of 
the 
Governor's Office of Health Policy and Finance" 
Amend the resolve in section 1 in the last line (page 1, 
line 27 in L.D.) by striking out the following: 
"authorized." 
and inserting in its place the following: 
'authorized, only if 
the rule is amended as follows:' 
Further amend the resolve in section 1 by inserting at the 
end the following: 
'1. 
Section 3, paragraph D, subsection (1) of the rule must 
be 
amended to 
add 
a 
5th additional criterion: 
specifically, 
consideration of any unused balance in the Capital Investment 
Fund from the prior year; 
2. 
Section 3, paragraph D, subsection (2) of the rule must 
be amended to state that the Governor's Office of Health Policy 
and Finance may convene an ad hoc panel of experts, as provided 
in the Maine Revised Statutes, Title 2, section 102, subsection 
2, 
to provide input to the office at a 
public meeting in 
accordance with the freedom of access laws; 
3. 
Section 3, paragraph E of the rule must be amended to 
provide for 
a 
public hearing between 
and 
days 
after 
publication of the notice in the Kennebec Journal, with notice to 
persons requesting notification between 17 and 24 days prior to 
the hearing that contains information on the time and place of 
Page l-LR0930(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to H. P. 36, L. D. 33 
the public hearing and with the deadline for the submission of 
comments 
and 
with 
a 
written 
notice 
of 
the 
final 
Capital 
Investment Fund amount within 120 days: and 
4. 
Section 4 of the rule, "Use and Operation of the Capital 
Investment 
Fund," 
must 
be 
amended 
to 
exempt 
hospital 
and 
nonhospital projects that are funded fully with public funding 
from the use of the Capital Investment Fund as a limit on annual 
resource allocations under the certificate of need program by the 
Department of Health and Human Services.' 
SUMMARY 
This amendment is the majority report of the committee. 
The 
amendment authorizes the adoption of Chapter 101: Establishment 
of the Capital Investment Fund, a Major Substantive Rule of the 
Governor's Office of Health Policy and Finance, if the rule is 
amended to add language regarding convening a panel of experts to 
advise the Governor's Office of Health Policy and Finance, to add 
public notice and meeting requirements that are similar to those 
provided in the Maine Administrative Procedure Act, to add as a 
consideration any unused balance in the Capital Investment Fund 
from the prior year 
and to exempt hospital 
and nonhospital 
projects that are funded fully with public funding from the limit 
on resource allocations imposed by the Capital Investment Fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
.. 
Approved: 06/01/05 ~ac 
LD33 
LR0930(02) 
Resolve, Regarding Legislative Review of Chapter 101: Establishment ofthe Capital Investment 
Fund, a Major Substantive Rule of the Governor's Office of Health Policy and Finance 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs associated with adoption of this major substantive rule can be absorbed by the Executive 
Department utilizing existing budgeted resources. 
LR0930(2) - Fiscal Note - Page 1 of 1