An Act To
Maine Legislature, Session 124, LD 1395
Committee Amendment CA_B_H497 (House)
Amends: 22 MRSA §329, 22 MRSA §343, 22 MRSA §350

COMMITTEE AMENDMENT ,/3" to H.P. 974, 1.0. 1395, Bill, "An Act To 
Amend the Maine Certificate of Need Act of 2002" 
Amend the bill by striking out all of section 3. 
Amend the bill in section 4-in subsection 16 in the 3rd line (page 1, line 31 in 1.0.) 
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 1.0.) by 
striking out the following: "$1,200,000" and inserting the following: '$ 1.200.000 
$1,600,000' 
Amend the bill by st,riking out all of sections 6 to 8 and inserting the following: 
'Sec. 6. 22 MRSA §329, sub-§2-A, €fIB~ as enacted by PL 2007, c. 440, §3, is 
amended to read: 
B. 
The following acquisitions of major medical equipment do' not require a 
celiificate of need: 
(I) Major medical equipment being replaced by the owner, as long as the 
replacement cost is less than $2,000,000; and 
(2) The use of major medical equipment on a temporary basis in the case of a 
natural disaster, major accidelit or major medical equipment failure. 
Sec. 7. 22 MRSA §329, sub-§3, as amended by PL 2007, c. 681, §3, is further 
amended to read: 
3. Capital expenditures. Except as provided in subsection 6, the obligation by or 
0)1 behalf of a health care facility of any capital expenditure of $2,400,000 $3,100,000 or 
more. Capital expenditures in the case of a natural disaster, major accident or equipment 
failure or for replacement equipment that is not major medical equipment as defined in 
section 328, subsection 16 or for parking lots and garages, information and 
communications systems att6 or physician office space do not require a celiificate of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "t)' to I-J.P. 974, L.D. 1395 
need. 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 IndeK medical index. 
Beginning January 1, 2009 and annually 
thereafter, the threshold amount for revie\v must be updated by the commissioner to 
reflect the change in the Consumer Price Index medical index, with an effeotive date of 
Janua!"." 1 st each 'lear;' 
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 Oli the day the depaJ1ment receives a ~etter 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 paJ1 of the public record and 
purchase copies of any or all of that record during the normal business hours of the 
depal1ment.' 
Amend the bill by insel1ing after section 14 the following: 
'Sec. 15. 22 MRS A §336, sub-§5 is enacted to read: 
5. Major medical equipment. The commissioner shall issue a certificate of need 
for replacement of major medical equipment that is otherwise exempt from review 
pursuant to section 329, subsection 2-A, paragraph B, subparagraph (1) upon determining 
that a project meets the requirements of section 335, subsection 7.' 
Amend the bill by striking out all of section 18 and insel1ing the following: 
'Sec. 18. 22 MRSA §343, as enacted by PL 200 I, c. 664, §2, is amended to read: 
§343. Public infOl'mation 
The depal1ment shall prepare and publish at least annually a rep0l1 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 cel1ificates 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 depaJ1ment staff submitted regarding the reports. 
Sec. 19. 22 MRSA §350, as enacted by PL 200 I, c. 664, §2, is repealed and the 
following enacted in its place: 
§350. Penalty 
1. Violation. An individual, paJ1nership, association, organization, corporation or 
trust that violates any Rrovision of this chapter or any rate, rule or regulation pursuant to 
this chapter is subject to a fine imposed in conformance with the Maine Administrative 
Procedure Act and payable to the State of not more than $10,000. The depal1ment may 
hold these funds in a special revenue account that may be used only to support cel1ificate 
of need reviews, such as for hiring expert analysts on a short-term conSUlting basis. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,6, to H.P. 974, L.D. 1395 
2. Admillistl'ative 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 depaIiment 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 with Title 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 
This amendment is the minority repOIi of the committee. The amendment changes the 
bill by: 
I. 
Retaining the current exemption from certificate of need for medical office 
buildings owned or subsidized by a hospital or a hospital's parent company; 
2. 
Bringing the threshold amounts up to the current levels, which brings the 
thresholds for major medical equipment and new technology to $1,600,000 and the 
threshold for capital expenditures to $3, I 00,000; 
3. 
Retaining the exemption from the celiificate of need requirements for the 
replacement of major medical equipment by the owner and instead applying a threshold 
of $2,000,000 for review; 
4, Applying a simplified review process for major medical equipment that costs 
more than $2,000,000; 
5. Including replacement equipment that is not major medical equipment in the list of 
capital equipment that does not require a celiificate of need; 
6. Removing provisions in the bill related to energy-efficient projects for nursing 
facilities; 
7. Lowering the proposed increase in the penalty for violations from $50,000 to 
$ I 0,000; and 
8. Removing the provision for a combined application for applicants seeking both a 
certificate of need and a celiificate of public advantage. 
FISCAL ~OTE REQllRED 
<~ee attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/28/09 ?dac:.. 
LD 1395 
LR 545(03) 
An Act To Amend the Maine Certificate of Need Act of 2002 
Fiscal Note for Bill as Amended by Committee Amendment 'f3J' 
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 Funds 
tevenue from penalties. 
LR0545(03) - Fiscal Note - Page 1 of 1 
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