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: Health and Human Services
Sponsors: RAYE, MAKER, COURTNEY, GERZOFSKY, BURNS, TURNER
Amends: 22 MRSA §337

Legislative Document 
No. 1848 
S.P. 642 
In Senate, March 8, 2012 
An Act To Require Notification of Health Care Facilities That May 
Be Negatively Affected by a Certificate of Need Application 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by President RAYE of Washington. 
Cosponsored by Representative MAKER of Calais and 
Senators: COURTNEY of York, GERZOFSKY of Cumberland, McCORMICK of Kennebec, 
Representatives: BURNS of Whiting, McFADDEN of Dennysville, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
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 
and in a newspaper published within the service area of any existing health care facility 
that may be negatively affected by the application.  If any existing health care facility 
may be negatively affected by an application, notice must be provided to municipal 
officers of the municipality where the facility is located and to Legislators 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 any 
potential negative impact of the proposed expenditure on any existing health care 
facility; 
B.  A description of the review process and schedule; 
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 as provided in the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A specifying the conditions that constitute a negative impact on a health care facility 
for purposes of the notice required by Title 22, section 337, subsection 5. 
SUMMARY 
This bill requires that notice be given in a newspaper published in the service area of  
a health care facility that may be negatively affected by a certificate of need application 
filed with the Department of Health and Human Services and to municipal officers of and 
Legislators representing the municipality where the facility is located.  The bill requires 
the department to adopt rules specifying the conditions that constitute a negative impact 
on a facility.