An Act To Amend the Maine Certificate of Need Act of 2002 Concerning Right of Entry and Investigation ( .. ~
Maine Legislature, Session 124, LD 1591
Committee: the Committee on
Sponsors: MILLER
Amends: 22 MRSA §3419-A

Legislative Document 
No. 1591 
H.P. 1129 
House of Representatives, December 22, 2009 
An Act To Amend the Maine Certificate of Need Act of 2002 
Concerning Right of Entry and Investigation 
( .. ~ 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
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Received by the Clerk of the House on December 18,2009. Referred to the Committee on. 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative MILLER of Somerville. 
Primed on recycled paper 
77/d~ /h.1l!tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3419-A is enacted to read: 
§349-A. Compliance investigation 
To ensure compliance with this chapter or rules adopted under this chapter, the 
department may investigate a health care facility or other entity subiect to this chapter 
when the department has a reasonable basis to suspect that a violation has occurred. The 
health care facility or other entity subiect to this chapter may not interfere with or impede 
the investigation. 
1. Right of entry. The department may enter and inspect the premises of a health 
care facility or other entity subject to this chapter with the permission of the owner or 
person in charge, or with an administrative inspection warrant issued pursuant to the 
Maine Rules of Civil Procedure, Rule 80E by the District Court authorizing entry and 
inspection, when the department has a reasonable basis to suspect that a provision of this 
chapter or a rule adopted under this ;hapter has been violated. The right of entry extends 
to any premises that the departmen has reason to believe is operated and maintained in 
violation of this chapter or rules adopted under this chapter. A letter of intent or an 
application for a certificate of need made pursuant to this chapter and rules adopted under 
this chapter constitutes permission for entry or inspection of the premises for which the 
certificate of need is sought in order to facilitate verification of the information submitted 
on or in connection with a letter of intent or an application for a certificate of need. 
2. Access to information. The department, at any reasonable time, upon demand, 
has the right to inspect and copy books, accounts, papers, records and other documents or 
information, whether stored electronically, on paper or in other forms, including, but not 
limited to, documents and information regarding total capital expenditures and operating 
costs for a project, ownership or control of a health care facility or other entity subject to 
this chapter or health services provided, when the department has a reasonable basis to 
suspect that a provision of this chapter or a rule adopted under this chapter has been 
violated. 
3. Findings of fact. Upon completion of an investigation pursuant to this section, 
the department shall prepare findings of fact and make a recommendation to the 
commissioner as to whether a provision of this chapter or a rule adopted under this 
chapter has been violated. If the commissioner determines that a violation has occurred, 
the commissioner may pursue one or more of the remedies authorized under this Act. 
4. Rules. The department may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill authorizes the Department of Health and Human Services to enter and 
inspect a health care facility or other entity subject to the Maine Certificate of Need Act 
Page I - 124LR2316(Ol)-1 
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of 2002 when the department has a reasonable basis to suspect that a violation has 
occurred.