Resolve, To Establish the Work Group To Review and Recommend Improvements for the Certificate of Need Program
Maine Legislature, Session 123, LD 1535
Committee Amendment CA_A_H519 (House)

COMMITTEE AMENDMENT "~,, to H.P. 1060, L.D. 1535, "Resolve, To 
Establish the Work Group To Review and Recommend Improvements for the Certificate 
of Need Program" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Study the Certificate of Need Program' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Sec. 1. Work group. Resolved: That the Department of Health and Human 
Services' office of licensing and regulatory services shall convene a work group to review 
and make recommendations on the following issues with regard to the certificate of need 
program administered under the Maine Revised Statutes, Title 22, chapter 103-A: 
1. Recent changes made by law or rule to the certificate of need program and the need 
for any modifications to the law or rule; 
2. The current dollar amount threshold used in determining whether a project requires 
review and, if inadequate, a potential process for identifying projects that fall below the 
threshold; 
3. The current statutory authority of and methods used by the Department of Health 
and Human Services to determine whether review is needed. This should include the 
definition of "reviewable project" and clarification ofthe term "new service"; 
4. The current statutory authority of and methods used by the Department of Health 
and Human Services to define community need for new services or facilities; 
5. The relationship between the State Health Plan, the certificate of need process and 
the capital investment fund; 
6. The roles of the Maine Quality Forum; the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention; and the Department of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~, to H.P. 1060, L.D. 1535 
Professional and Financial Regulation, Bureau of Insurance in the certificate of need 
review process; 
7. The criteria used by the Department of Health and Human Services for evaluating 
a certificate of need application along with procedures for public hearings and the use of 
review panels; 
8. Historical review of revenues and expenditures in the certificate of need unit to 
identify and determine the amount of resources that are adequate to have a highly 
functioning unit; 
9. Historical review of the certificate of need application process including number of 
submissions, approvals, disapprovals and withdrawn applications and associated 
timelines to determine any improvements needed; 
10. 
Review of the description of related projects under Title 22, section 329, 
subsection 8; 
11. Review of the acquisition of major medical equipment and review requirements 
for major medical equipment as they pertain to equipment that was previously leased by 
an entity subject to a certificate of need; and 
12. Additional topics determined by unanimous agreement of the work group 
members; and be it further 
Sec.2. Work group composition. Resolved: That the Department of Health 
and Human Services' office of licensing and regulatory services shaH invite the 
participation of the following members in the work group: 
1. Four medical representatives: 2 representatives of hospitals, nominated by the 
Maine Hospital Association; one representative of a statewide association of physicians, 
nominated jointly by the Maine Medical Association and the Maine Osteopathic 
Association; and one representative of the ambulatory surgical centers; 
2. 
Three other representatives: one representative of a statewide association 
representing nursing facilities; one representative of insurance carriers; and one 
representative ofthe Advisory Council on Health Systems Development; and 
3. 
The Director of the Governor's Office of Health Policy and Finance, or the 
director's designee, and the director of the office of licensing and regulatory services 
within the Department of Health and Human Services, both of whom shall serve ex 
officio and without the right to vote; and be it further 
Sec. 3. Work group report. Resolved: That the work group shall report on the 
results of the review of the certificate of need program and its recommendations to the 
Joint Standing Committee on Health and Human Services by January 15, 2008. The 
committee is authorized to submit legislation regarding the certificate of need program to 
the Second Regular Session of the 123rd Legislature.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces 
the resolve, but retains many of the original provisions. 
In addition, it directs the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 1060, L.D. 1535 
Department of Health and Human Services to convene a work group on the certificate of 
need program and to report to the Joint Standing Committee on Health and Human 
Services by January 15, 2008. 
The amendment authorizes the committee to submit 
legislation to the Second Regular Session of the 123rd Legislature. 
FISCAL ~OTE REQ1.;lRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08/07 
~aC':.. 
LD 1535 
LR 791(02) 
Resolve, To Establish the Work Group To Review and Recommend Improvements for the Certificate 
of Need Program 
Fiscal Note for Bill as Amended by Committee Amendment nfJr" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detaii and Notes 
The additional costs to the Department of Health and Human Services can be absorbed by the department utilizing 
existing budget resources. 
LR079 1(02) - Fiscal Note - Page 1 of 1