An Act To Ensure Access to Necessary Health Care Services in Maine by Repealing the Capital Investment Fund January 15, 2008
Maine Legislature, Session 123, LD 2152
Committee: Health and Human Services
Sponsors: DIAMOND, WESTON, TARDY
Amends: 22 MRSA §328

Legislative Document 
No. 2152 
S.P.821 
An Act To Ensure Access to Necessary Health Care Services in 
Maine by Repealing the Capital Investment Fund 
January 15, 2008 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator WESTON of Waldo, Representative TARDY of Newport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §lOl, sub-§l, as amended by PL 2005, c. 369, § I and c. 397, Pt. 
C, § I and affected by §2, is further amended to read: 
1. Duties of the Governor. The Governor or the Governor's designee shall: 
A. Develop and issue the biennial State Health Plan, referred to in this chapter as 
"the plan," pursuant to section I 03 by December 1, 2005 and every 2 years thereafter; 
B. Make an annual report to the public assessing the progress toward meeting goals 
of the plan and provide any needed updates to the plan; and 
C. Issue an annual statewide health expenditure budget report that must serve as the 
basis for establishing priorities within the plan;-aOO~ 
II 
D. Establish--a limit for allocating resources under the certificate of need program 
described in Title 22, chapter 103 A, called the capital investment fund, for each year 
of the plan pursuantto section 102. 
The Governor shall provide the reports specified in paragraphs Band C to the joint 
IS 
standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs, the joint standing committee of the Legislature having jurisdiction over 
health and human services matters and the joint standing committee of the Legislature 
having jurisdiction over insurance and financial services matters. 
Sec. 2. 2 MRSA §l02, as amended by PL 2007, c. 94, § I, is repealed. 
Sec. 3. 2 MRS A §l03, sub-§3,~, as enacted by PL 2003, c. 469, Pt. B, §I, is 
amended to read: 
D. 
Prioritize the capital investment needs of the health care system in the State 
within the capital in't'estment fund, established Hnder section 102; 
Sec. 4. 2 MRS A §l03, sub-§4, as enacted by PL 2003, c. 469, Pt. B, § I, is 
amended to read: 
4. Uses of plan. The plan must be Hsed in determining the capital investment fund 
amoHnt pursuant to section 102 and must guide the issuance of certificates of need by the 
State and the health care lending decisions of the Maine Health and Higher Education 
Facilities Authority. A certificate of need or public financing that affects health care 
costs may not be provided unless it meets goals and budgets explicitly outlined in the 
plan. 
Sec. 5. 2 MRSA §l04, sub-§7, ~C, as amended by PL 2007, c. 441, §I, is further 
amended to read: 
C. Conducting at least 2 public hearings on the plan and the capital in't'estment fund 
each biennium; 
Sec. 6. 22 MRSA §328, sub-§3-A, as enacted by PL 2003, c. 469, Pt. C, §2, is 
repealed. 
Page) - 123LR3231(OI)-1 
Sec. 7. 22 MRS A §335, sub-§l, ~, as amended by PL 2007, c. 440, § 14, is 
further amended to read: 
E. Can be funded within the eapital investment fund or, in In the case of a nursing 
facility, is consistent with the nursing facility MaineCare funding pool and other 
provisions of sections 333-A and 334-A. 
Sec. 8. Application. Notwithstanding Title 1, section 302, this Act applies to a 
certificate of need application, appeal or reconsideration or action related to a certificate 
of need application, appeal or reconsideration pending before the Department of Health 
and Human Services on or after January 1, 2008. 
Sec. 9. Retroactivity. This Act applies retroactively to January 1,2008. 
SUMMARY 
This bill eliminates the capital investment fund, which limits the amount of capital 
spending that hospital physicians may make for health care projects that are subject to the 
certificate of need laws. This bill specifies that the repeal of the capital investment fund 
applies retroactively to January 1, 2008.