An Act To Amend the Maine Certificate of Need Act of2002
Maine Legislature, Session 123, LD 2301
House Amendment HA_A_H960 (House)
Amends: 22 MRSA §328, 22 MRSA §329

HOUSE AMENDMENT" H" to H.P. 1659, L.D. 230 I, Bill, "An Act To Amend 
the Maine Certificate of Need Act of2002" 
Amend the bill by striking out all of sections I to 3 and inserting the following: 
'Sec. 1. 22 MRSA §328, sub-§16, as amended by PL 2003, c. 469, Pt. C, §4, is 
further amended to read: 
16. Major medical equipment. "Major medical equipment" means a single unit of 
medical equipment or a single system of components with related functions used to 
provide medical and other health services that costs $1,200,000 or more. "Major medical 
equipment" does not include medical equipment acquired by or on behalf of a clinical 
laboratory to provide clinical laboratory services if the clinical laboratory is independent 
of a physician's office and a hospital and has been determined to meet the requirements of 
the United States Social Security Act, Title XVIII, Section 1861(s), paragraphs 10 and 
II. In determining whether medical equipment costs more than the threshold provided in 
this subsection, the cost of studies, surveys, designs, plans, working drawings, 
specifications and other activities essential to acquiring the equipment must be included. 
If the equipment is acquired for less than fair market value, the term "cost" includes the 
fair market value. Beginning September 30, 2004 and annually thereafter through 2007, 
the threshold amount for review must be updated by the commissioner to reflect the 
change in the Consumer Price Index, medical index. Beginning January I, 2009 and 
annually thereafter, the threshold amount for review must be updated by the 
commissioner to reflect the change in the Consumer Price Index medical index, with an 
effective date of January 1 st each vear. 
Sec. 2. 22 MRSA §328, sub-§17-A, ~C, as corrected by RR 2003, c. I, § 15, is 
amended to read: 
C. 
The addition in the private office of a health care practitioner, as defined in Title 
24, section 2502, subsection I-A, of new technology that costs $1,200,000 or more. 
The department shall consult with the Maine Quality Forum Advisory Council 
established pursuant to Title 24-A, section 6952, prior to determining whether a 
project qualifies as a new technology in the office of a private practitioner. 
Beginning September 30, 2004 and annually thereafter through 2007, the threshold 
amount for review must be updated by the commissioner to reflect the change in the 
Page J- 123LR3602(03)-1 
HOUSE AMENDMENT 
HOUSE AMENDMENT .. f} .. to H.P. 1659, L.D. 2301 
Consumer Price Index medical index. 
Beginning January 1, 2009 and annually 
thereafter, the threshold amount for review must be updated by the commissioner to 
reflect the change in the Consumer Price Index medical index, with an effective date 
of January 1 st each year. 
With regard to the private office of a health care 
practitioner, "new health service" does not include the location of a new practitioner 
in a geographic area. 
Sec. 3. 22 MRSA §329, sub-§3, as amended by PL 2003, c. 469, Pt. C, §7, is 
further amended to read: 
3. Capital expenditures. Except as provided in subsection 6, the obligation by or 
on behalf of a health care facility of any capital expenditure of $2,400,000 or more. 
Capital expenditures in the case of a natural disaster, major accident or equipment failure 
for replacement equipment or for parking lots and garages, information and 
communications systems and physician office space do not require a certificate of need. 
Beginning September 30, 2004 and annually thereafter through 2007, the threshold 
amount for review must be updateq_ boY the commissioner to reflect the change in the 
Consumer Price Index medical index. 
Beginning January I, 2009 and annually 
thereafter, the threshold amount for review must be updated by the commissioner to 
reflect the change in the Consumer Price Index medical index, with an effective date of 
January 1 st each year;' 
SUMMARY 
The bill changes from September 30th to January I st the date by which the 
Commissioner of Health and Human Services annually updates the threshold amount for 
review. This amendment clarifies that since the annual update will occur by January 1, 
2009, no annual update is re~ired on SePtelTI~30, 2008_ 
SPONSORED BY: u<-~ 
(Representativ€FERRY, A.) 
TOWN: Calais 
HOUSE AMENDMENT