An Act To
Maine Legislature, Session 124, LD 1395
Committee Amendment CA_A_H496 (House)
Amends: 22 MRSA §336, 22 MRSA §343, 22 MRSA §350

COMMITTEE AMENDMENT "A " to H.P. 974, L.D. 1395, Bill, "An Act To 
Amend the Maine Certificate of Need Act of2002" 
Amend the bill by striking out all of section 3. 
Amend the bill in section 4 in subsection 1.6 in the 3rd line (page 1, line 31 in LD.) 
by striking out the following: "$1,200,000" and inserting the following: '$1.200.000 
$1,600,000' 
Amend the bill in section 5 in paragraph C in the 2nd line (page 2, line 12 in LD.) by 
striking 
out 
the 
following: 
"$1,200;000" 
and 
inserting 
the 
following: 
'$ I ,200,000$1 ,600,000' 
Amend the bill by striking out all of section 6. 
Amend the bill in section 8 in subsection 3 in the 2nd line (page"2, line 33 in L.D.) by 
striking out the following: "$2,000,000" and inserting the following: '$3,100,000' 
. Amend the bill in section 8 in subsection 3 in the 5th and 6th lines (page 2, lines 36 
and 37 in L.D.) by striking out the following: "owned and operated by a physician or 
physician's group" 
Amend the bill by striking out all of sections 10 to 13. 
Amend the bill in section 14 in subsection 6 by striking out all of the first paragraph 
(page 3, lines 24 to 28 in L.D.) and inserting the following: 
'6. Maintenance of the record. The record created pursuant to subsection 5-A first 
opens on the day the department receives a letter of intent certificate of need application. 
From that day, all of the record is a public record, and any except that the letter of intent 
becomes a public record upon the receipt of the letter and is available for review from the 
date of receipt. Any person may examine tflat all or part of the public record and 
purchase copies of any or all of that record during the normal business hours of the 
department.' 
Amend the bill by inserting after section 14 the following: 
Pagel - 124LROS4S(02)-1 
COMMITTEE AMENDMENT 
~t'i~ 
COMMI1TEE AMENDMENT·A "to H.P. 974, L.D. 1395 
'Sec. 15. 22 MRSA §336, sub-§5 is enacted to read: 
5. Major medical equipment. The commissioner shall issue a certificate of need 
'for j'eplacement of major medical equipment upon determining that a project meets the ... 
requirements of section 335, subsection 7.' 
Amend the bill by striking out all of section 18 and inserting the following: 
'Sec. 18. 22 MRSA §343, as enacted by PL 2001, c. 664, §2, is amended to read: 
§343. Public information 
The department shall prepare and publish at least annually a report on its activities 
conducted pursuant to this Act The annual report must include information on all 
certificates of need granted and denied and on the assessment of penalties. With regard to 
all certificates granted on a conditional basis, the report must include a summary of 
information reported pursuant to section 332 and any accompanying statements by the 
commissioner or department staff submitted regarding the reports. 
Sec. 19. 22 MRSA §350, as enacted byPL 2001, c. 664, §2, is repealed and the 
following enacted in its place: 
§350. Penalty 
1. . Violation. An individual, partnership, association, organization, corporation or 
trust that violates any provision of this chapter or any rate, rule or regulation pursuant to 
this chapter is subiect to a fine imposed in conformance with the Maine Administrative 
Procedure Act and payable to the State of not more than $10,000. The department may 
hold these funds in a special revenue account that may be used only to support certificate 
of need reviews, such as for hiring expert analysts on a short-term consulting basis. 
2. Administrative hearing and appeal. To contest the imposition of a fine under 
this section, the individual, partnership, association, organization, corporation or trust 
shall submit to the department a written request for an administrative hearing within 10 
days of notice of imposition of a fine pursuant to this section. Judicial appeal must be in 
accordance withTitle 5, chapter 375, subchapter 7.' 
Amend the bill by striking out all of section 20. 
Amend the bill by striking out all of section 22. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment is the majority report of the committee. The amendment changes the 
bill by: 
1. 
Retaining the current exemption from certificate of need for medical office 
buildings owned or subsidized by a hospital or a hospital's parent company; 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "A " 
to H.P. 974, L.D. 1395 
2. 
Bringing the threshold amounts up to the CUlTent levels, which brings the 
thresholds for major medical equipment and new technology Jo, $1,600,000 and the 
threshold for capital expenditures to $3,100,000; 
, 
3. Eliminating the exemption for the replacement of major medical equipment from 
the celtificate of need requirements and instead applying a simplified review and 
approval process for certificate of need; 
4. Removing provisions in the bill related to energy-efficient projects for nursing 
facilities; 
.:..,..... .. 
5. Lowering the proposed increase in the penalty for violations from $50,000 to 
$10,000; and 
6. Removing the provision for a combined application for applicants seeking both a 
certificate of need and a certificate of public advantage. 
FISCAL :\'OTE REQl:1RED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05128/09 frac::.. 
LD 1395 
LR 545(02) 
An Act To Amend the Maine Certificate of Need Act of 2002 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - Other Special Revenue Funds 
The Department of Health and Human Services may experience a minor increase in Other Special Revenue Fund 
revenue from penalties. 
LR0545(02) - Fiscal Note - Page 1 of 1 
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