An Act To Repeal the Maine Certificate of Need Act of2002
Maine Legislature, Session 128, LD 0482
Committee Amendment CA_B_H301 (House)
Amends: 22 MRSA §328, 22 MRSA §329, 22 MRSA §335

COMMITTEE AMENDMENT "8 " to H.P. 345, L.D. 482, Bill, "An Act To 
Repeal the Maine Certificate of Need Act of2002" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Maine Certificate of Need Act of2002' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 22 MRSA §328, sub-§26-A is enacted to read: 
26-A. Shell space. 
11Shell space
means an expansion of the size of a hospital for the 
purposes of increasing bed capacity. 
Sec. 2. 22 MRSA §329, sub-§9 is enacted to read: 
9. Shell space. A hospital to use shell space constructed pursuant to section 335. 
subsection 8. paragraph A. 
Sec. 3. 22 MRSA §335, sub-§8, as enacted by PL 2001, c. 664, §2, is amended to 
read: 
8. Conditional approvals. The commissioner may grant an application subject to 
conditions that relate to the criteria for approval of the application. 
A. If an application containing a request to increase bed capacity of a hospital is 
granted by the commissioner for a number of beds lower than the number requested 
and if the applicant proceeds with the approved project within the time frame 
required by section 346. the applicant may construct shell space without further 
approval by the department as long as the following conditions are met: 
(1) The square footage of the shell space may not exceed the square footage for 
bed capacity requested in the original application; 
(2) The square footage of the shell space may not exceed the square footage of 
the approved project by more than 15%; and 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" I!" to H.P. 345, L.D. 482 
(3) The cost to construct the shell space may not exceed 15 % of the cost of the 
approved project. 
A hospital may not use shell space constructed pursuant to this paragraph without 
filing a subsequent application for a certificate of need pursuant to section 329, 
subsection 9. 
Sec. 4. Rules. The Department of Health and Human Services shall provisionally 
adopt rules to implement the Maine Revised Statutes, Title 22, section 329, subsection 9 
and section 335, subsection 8 no later than January 15, 2018. Rules adopted pursuant to 
this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment is the minority report of the committee and makes the following 
changes to the bill. It changes the title of the bill. It allows hospitals to construct shell 
space if a hospital's application containing a request to increase bed capacity is granted 
for a number of beds lower than the number requested and if the applicant proceeds with 
the approved project within the time frame required by the Maine Revised Statutes, Title 
22, section 346. The amendment provides that the construction of shell space may not 
exceed the square footage requested in the application, the square footage of the approved 
project by more than 15% and 15% of the cost of the approved project. The amendment 
provides that in order for a hospital to use the shell space it must apply for another 
certificate of need. 
It directs the Department of Health and Human Services to 
provisionally adopt routine technical rules implementtng these provisions no later than 
January 15, 2018. 
FISCAL NOTE REQUIRED 
(See attadttd) 
COMMITTEE AMENDMENT 
Approved: 05/19/17 feac 
LD482 
LR 464(03) 
An Act To Repeal the Maine Certificate of Need Act of 2002 
Fiscal Note for Bill as Amended by Committee Amendment 18' { H 
... JO() 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
FY 2018-19 
$0 
$0 
$0 
$0 
Projections 
FY2019-20 
$353,136 
$353,136 
$637,983 
$637,983 
Projections 
FY2020-21 
$353,136 
$353,136 
$637,983 
$637,983 
The Department of Health and Human Services will require General Fund appropriations of $353,136 beginning in 
fiscal year 2019-20 for the increased costs generated by changes to the certificate of need process. Federal 
Expenditures Fund allocations for the FMAP match will also be required.