An Act To Require Notification of Health Care Facilities That May Be Negatively Affected by a Certificate of Need Application
Maine Legislature, Session 125, LD 1848
Committee Amendment CA_A_S493 (Senate)
Amends: 22 MRSA §337

COMMITTEE AMENDMENT" A" to S.P. 642, L.D. 1848, Bill, "An Act To 
Require Notification of Health Care Facilities That May Be Negatively Affected by a 
Certificate of Need Application" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Expand the Notification Requirements of the Maine Certificate of Need 
Act of 2002' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §337, sub-§5, as amended by PL 2011, c. 424, Pt. D, §2 and 
affected by Pt. E, § 1, is further amended to read: 
5. Public notice; public informational meeting. Within 5 business days of the 
filing of a certificate by an applicant that a complete certificate of need application is on 
file with the department, public notice that the application has been filed and that a public 
informational meeting must be held regarding the application must be given by 
publication in a newspaper of general circulation in Kennebec County and in a newspaper 
published within the service area in which the proposed expenditure will occur. If an 
existing health care facility may close or lose bed capacity as a result of a proposal for 
which a certificate of need application has been filed, the department shall notify the 
municipal officers of the municipality in which that health care facility is located and the 
members of the State House of Representatives and the State Senate representing any part 
of that municipality. The notice must also be provided to all persons who have requested 
notification by means of asking that their names be placed on a mailing list maintained by 
the department for this purpose. This notice must include: 
A. A brief description of the proposed expenditure or other action, including the 
name and location of any existing health care facility that may close or lose bed 
capacity as a result of a proposal for which a certificate of need application has been 
filed; 
B. A description of the review process and schedule; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 642, L.D. 1848 
C. A statement that any person may examine the application, submit comments in 
writing to the department regarding the application and examine the entire record 
assembled by the department at any time from the date of publication of the notice 
until the application process is closed for comment; and 
D. The time and location of the public informational meeting and a statement that 
any person may appear at the meeting to question the applicant regarding the project 
or the department regarding the conditions that the applicant must satisfy in order to 
receive a certificate of need for the project. 
The department shall make an electronic or stenographic record of the public 
informational meeting. 
A public informational meeting is not required for the simplified review and approval 
process in section 336. 
Sec. 2. Rules. The Department of Health and Human Services shall adopt routine 
technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A regarding the notice required by Title 22, section 337, subsection 5.' 
SUMMARY 
This amendment replaces the bill and changes its title. The amendment expands the 
notification requirements of the Maine Certificate of Need Act of 2002 in the bill to 
specify that if an existing health care facility may close or lose bed capacity as a result of 
a proposal for which a certificate of need application has been filed, the Department of 
Health and Human Services must notify the municipal officers of the municipality in 
which that health care facility is located and the members of the State House of 
Representatives and the State Senate representing any part of that municipality. The 
amendment requires the published notice to identify the name and location of any health 
care facility that may close or lose bed capacity as a result of the proposal for which a 
certificate of need has been filed. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 03/22112 frac 
LD 1848 
LR 2777(02) 
An Act To Require Notification of Health Care Facilities That May Be Negatively Affected by a 
Certificate of Need Application 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S .. I.fCj3 
Committee: Health and Human Services 
Fiscal Note Required : Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR2777(02) - Fiscal Note - Page 1 of 1