An Act To Repeal the Maine Certificate of Need Act of 2002
Maine Legislature, Session 125, LD 0360
Committee Amendment CA_B-HA_B_H672 (House)

HOUSE AMENDMENT" /;" to COMMITTEE AMENDMENT "B" to H.P. 286, 
L.D. 360, Bill, "An Act To Repeal the Maine Certificate of Need Act of 2002" 
Amend the amendment in Part A in section 5 in subsection 4-A in paragraph B in 
subparagraph (1) in the first line (page 3, line 27 in amendment) by striking out the 
following: "$10,000,000" and inserting the following: '$1,000,000' 
Amend the amendment in Part B in section 1 in subsection 6 by striking out all of 
paragraph A (page 4, lines 10 to 14 in amendment) and inserting the following: 
'A. A nursing facility converting beds used for the provision of nursing services to 
beds to be used for the provision of residential care services. If such a conversion 
occurs, MaineCare and other public funds may not be obligated for payment of 
services provided in the converted beds unless approved by the department pursuant 
to the provisions of sections 333-A and 334-A. In order to approve a conversion 
under this paragraph, the department must determine that any increased MaineCare 
residential care costs associated with the converted beds are fully offset by reductions 
in the MaineCare costs from the reduction in MaineCare nursing facility costs 
associated with the converted beds; , 
Amend the amendment in Part B in section 8 in subsection 3-A in the last line (page 
6, line 5 in amendment) by inserting after the following: "pooL" the following: 'In order 
for the department to approve delicensing, selling or transferring under this subsection, 
the department must determine that any increased MaineCare residential care costs 
associated with the converted beds are fully offset by reductions in the MaineCare costs 
from the reduction in MaineCare nursing facility costs associated with the converted 
beds.' 
Amend the amendment by striking out all of Part E. 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
HOUSE AMENDMENT 
~. 
f). <0. 
HOUSE AMENDMENT" 6, to COMMITTEE AMENDMENT "B" to H.P. 286, L.D. 360 
SUMMARY 
This amendment lowers the threshold of capital expenditures for which a new health 
care facility other than a nursing facility must obtain a certificate of need from 
$10,000,000 to $1,000,000. 
This amendment reinforces the authority of the Department of Health and Human 
Services to approve the conversion of nursing facility beds to residential care beds and 
the delicensing, selling and transferring of nursing facility beds. 
It requires the 
department to determine that any increase in residential care costs for the MaineCare 
program are offset by reductions in nursing facility costs. It eliminates the costs for the 
committee amendment and the need for appropriations and allocations. 
SPONSOREDB'T~'A,,~~ 
(Representati~ 
TOWN: Gorham 
FISCAL ~OTE REQCIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 06127111 frczc 
LD360 
LR 290(08) 
An Act To Repeal the Maine Certificate of Need Act of 2002 
Fiscal Note for House Amendment '6" to Committee Amendment "B" 
Sponsor: Rep. Sanborn of Gorham 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
($191,741) 
($191,741 ) 
($332,178) 
FY 2012-13 
($620,457) 
($620,457) 
($1,074,897) 
Projections 
FY 2013-14 
($729,604) 
($729,604) 
($1,263,986) 
Projections 
FY 2014-15 
($893,325) 
($893,325) 
($1,547,619) 
The amendment reduces the anticipated costs to the MaineCare program that had been assumed primarily from an 
increase in bed conversions from nursing facilities to residential care that would have been exempt from MaineCare 
cost neutrality, and removes the need for an appropriation-allocation section. A potential for an increase in costs to the 
MaineCare program may still result from both Part A and Part B of the bill. 
LR0290(08) - Fiscal Note - Page 1 of 1