An Act To Provide Consideration of the Need for Nursing Facility Beds in the Area Where They Are Located before Those Beds Are Lost
Maine Legislature, Session 127, LD 0751
Committee: Health and Human Services
Sponsors: STUCKEY, FARNSWORTH, SANBORN
Amends: 22 MRSA §335

Legislative Document 
No. 751 
H.P. 504 
House of Representatives, March 5, 2015 
An Act To Provide Consideration of the Need for Nursing Facility 
Beds in the Area Where They Are Located before Those Beds Are 
Lost 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Representatives: FARNSWORTH of Portland, SANBORN of Gorham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §335, sub-§1, ¶D, as amended by PL 2011, c. 424, Pt. B, §15 
and affected by Pt. E, §1, is further amended to read: 
D.  Does not result in inappropriate increases in service utilization, according to the 
principles of evidence-based medicine adopted by the Maine Quality Forum, as 
established in Title 24-A, section 6951, when the principles adopted by the Maine 
Quality Forum are directly applicable to the application; and 
Sec. 2.  22 MRSA §335, sub-§1, ¶F, as enacted by PL 2011, c. 424, Pt. B, §15 
and affected by Pt. E, §1, is amended to read: 
F.  In the case of a nursing facility project that proposes to add new nursing facility 
beds to the inventory of nursing facility beds within the State, is consistent with the 
nursing facility MaineCare funding pool and other applicable provisions of sections 
333-A and 334-A.; and 
Sec. 3.  22 MRSA §335, sub-§1, ¶G is enacted to read: 
G.  In the case of a nursing facility project that proposes to add new nursing facility 
beds as a result of the closing or reducing of beds in a different geographical area of 
the State, meets the requirements in subsection 7. 
Sec. 4.  22 MRSA §335, sub-§7, ¶D, as amended by PL 2003, c. 469, Pt. C, §11, 
is further amended to read: 
D.  The proposed services are consistent with the orderly and economic development 
of health facilities and health resources for the State as demonstrated by: 
(1)  The impact of the project on total health care expenditures after taking into 
account, to the extent practical, both the costs and benefits of the project and the 
competing demands in the local service area and statewide for available resources 
for health care; 
(2)  The availability of state funds to cover any increase in state costs associated 
with utilization of the project's services; and 
(3)  The likelihood that more effective, more accessible or less costly alternative 
technologies or methods of service delivery may become available; and 
Sec. 5.  22 MRSA §335, sub-§7, ¶E, as enacted by PL 2003, c. 469, Pt. C, §12, is 
amended to read: 
E.  The project meets the criteria set forth in subsection 1.; and 
Sec. 6.  22 MRSA §335, sub-§7, ¶F is enacted to read: 
F.  There is a consideration of the effect on the area in which a nursing facility 
proposes to close or reduce beds or from which a nursing facility proposes to relocate 
beds as demonstrated by certain factors, including, but not limited to: 
(1)  Whether, and the extent to which, the loss or reduction of beds will result in 
health needs being unmet; 
(2)  Whether there will be a negative effect on the health status indicators of the 
population to be served; 
(3)  Whether, and the extent to which, there will be a negative effect on the 
economy of the area; and 
(4)  Whether the individuals occupying beds that are proposed to be relocated are 
able to access services that are within a reasonable travel distance for family 
members. 
SUMMARY 
This bill requires the certificate of need process to take into account the effect of the 
loss of nursing facility beds on the community's health and economy and on family 
members and the individuals occupying the beds.  The existing process examines only the 
need for new beds in an area where beds have been proposed.