An Act To Implement the Recommendations of the Advisory Council on Health Systenis II Development Relating to Payment Reform
Maine Legislature, Session 124, LD 1819
Committee Amendment CA_B_S486 (Senate)
Amends: 22 MRSA §1844

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COMMITTEE AMENDMENT '6" to S.P. 735, L.D. ·1819, Bill, "An Act To 
Implement the Recommendations of the Advisory Council on Health Systenis 
II 
Development Relating to Payment Reform" 
Amend the bill by insel1ing after section 5 the following: 
'Sec. 6. 22 MRSA §1844, sub-§4, ~, as enacted by PL 2005, c. 670, § I and 
affected by §4, is amended to read: 
D. 
This paragraph applies with regard to a public hearing. 
(l) The depal1ment may hold a public hearing when it determines a public 
hearing is appropriate. 
(2) The depal1ment shall hold a public hearing at the request of the Attorney 
General or if 5 or more persons who are residents of the State and who are from 
the health service area to be served by the applicant request, in writing, that a 
hearing be held. A request under this subparagraph must be received by the 
depal1ment no later than 30 days after publication of the notice under subsection 
3. 
(3) If a public hearing is held, an electronic or stenographic record of the public 
hearing must be kept as part of the record of the application by the depal1ment. 
Sec. 7. 22 MRS A §1844, sub-§4, ~, as enacted by PL 2005, c. 670, § 1 and 
affected by §4, is amended to read: 
F. 
The depat1ment shall issue a final decision to grant or deny an application for a 
cel1ificate of public advantage under this section no less than 40 days and no more 
than 9() 120 days after the filing of the application. The department shall issue a 
preliminary decision at least 5 days prior to issuing the final decision. The 
preliminalY and final decisions must be in writing and set forth the basis for the 
decisions. The depal1ment shall provide copies of the preliminaty and final decisions 
to the applicants, the Office of the Attorney General, the Governor's Office of Health 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT:1?" to S.P. 735, L.D. 1819 
Policy and Finance and all persons who requested notification from the department 
under subsection 3, paragraph B.' 
Arriend the bill in section 6 by striking out all of the last paragraph (page2, lines 21 
to 32 in L.D.) and inserting the following: 
'The council shall consult with the Attorney General and the Department of 
Professional and Financial Regulation, Bureau of Insurance for technical expertise. The 
council shall submit to the joint standing committee of the Legislature havingjurisdiction 
over health and human services matters and the joint standing committee of the 
Legislature having jurisdiction over insurance and financial services matters a 
preliminary report outlining suggested legislation no later than December 1, 2010. The 
council shaH submit a report that includes its findings and recommendations, including 
suggested legislation, for presentation to 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 no later than January 15, 2011.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. The amendment adds 2 
provisions to the bill to amend the process under the Hospital and Health Care Provider 
Cooperation Act. The amendment extends the time period for the Department of Health 
and Human Services to make a final decision on an application for a certificate of public 
advantage from 90 days to 120 days and adds a requirement that the department must 
hold a hearing on an application at the request of the Attorney General. 
The amendment removes from the bill language limiting the scope of the Advisory 
Council on Health Systems Development's consultation with the Attorney General and 
the Department of Professional and Financial Regulation, Bureau of Insurance for 
technical expertise. The amendment removes from the bill language authorizing a 
legislative committee to introduce a bill to the 125th Legislature. The amendment 
requires the Advisory Council on Health Systems Development to submit a preliminary 
report outlining suggested legislation no later than December 1,2010. 
FISCAL XOTE REQl"IRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/24/1 0 .::b?aC':-
LD 1819 
LR 2645(03) 
An Act To Implement the Recommendations ofthe Advisory Council on Health Systems Development 
Relating to Payment Reform 
Fiscal Note for Bill as Amended by Committee Amendment :6' 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
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The additional cost to the Department of the Attorney General, the Department of Health and Human Services and the 
Bureau ofInsurance in the Department of Professional and Financial Regulation can be absorbed utilizing existing 
budgeted resources. 
LR2645(03) - Fiscal Note - Page 1 of 1