An Act To Repeal the Laws Governing the Capital Investment Fund
Maine Legislature, Session 125, LD 0581
Committee: Health and Human Services
Sponsors: McCORMICK, MALABY
Amends: 2 MRSA §101, 2 MRSA §102, 2 MRSA §103, 2 MRSA §104, 22 MRSA §328, 22 MRSA §335

Legislative Document 
No. 581 
S.P. 173 
In Senate, February 15, 2011 
An Act To Repeal the Laws Governing the Capital Investment Fund 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Cosponsored by Representative MALABY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  2 MRSA §101, sub-§1, as amended by PL 2005, c. 369, §1 and c. 397, Pt. 
C, §1 and affected by §2, is further amended to read: 
1.  Duties of the Governor.  The Governor or the Governor's designee shall: 
A.  Develop and issue the biennial State Health Plan, referred to in this chapter as 
"the plan," pursuant to section 103 by December 1, 2005 and every 2 years thereafter; 
B.  Make an annual report to the public assessing the progress toward meeting goals 
of the plan and provide any needed updates to the plan; and 
C.  Issue an annual statewide health expenditure budget report that must serve as the 
basis for establishing priorities within the plan; and. 
D.  Establish a limit for allocating resources under the certificate of need program 
described in Title 22, chapter 103-A, called the capital investment fund, for each year 
of the plan pursuant to section 102. 
The Governor shall provide the reports specified in paragraphs B and C to the joint 
standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs, the joint standing committee of the Legislature having jurisdiction over 
health and human services matters and the joint standing committee of the Legislature 
having jurisdiction over insurance and financial services matters. 
Sec. 2.  2 MRSA §102, as amended by PL 2009, c. 194, §1, is repealed. 
Sec. 3.  2 MRSA §103, sub-§3, ¶D, as enacted by PL 2003, c. 469, Pt. B, §1, is 
repealed. 
Sec. 4.  2 MRSA §103, sub-§4, as enacted by PL 2003, c. 469, Pt. B, §1, is 
amended to read: 
4.  Uses of plan.  The plan must be used in determining the capital investment fund 
amount pursuant to section 102 and must guide the issuance of certificates of need by the 
State and the health care lending decisions of the Maine Health and Higher Education 
Facilities Authority.  A certificate of need or public financing that affects health care 
costs may not be provided unless it meets goals and budgets explicitly outlined in the 
plan. 
Sec. 5.  2 MRSA §104, sub-§7, ¶C, as amended by PL 2007, c. 441, §1, is further 
amended to read: 
C.  Conducting at least 2 public hearings on the plan and the capital investment fund 
each biennium; 
Sec. 6.  22 MRSA §328, sub-§3-A, as enacted by PL 2003, c. 469, Pt. C, §2, is 
repealed. 
Sec. 7.  22 MRSA §335, sub-§1, ¶E, as amended by PL 2007, c. 440, §14, is 
further amended to read: 
E.  Can be funded within the capital investment fund or, in In the case of a nursing 
facility, is consistent with the nursing facility MaineCare funding pool and other 
provisions of sections 333-A and 334-A. 
SUMMARY 
This bill repeals the laws governing the capital investment fund, which is a limit for 
resources allocated annually under the certificate of need program under the Maine 
Revised Statutes, Title 22, chapter 103-A.