An Act to Require
Maine Legislature, Session 132, LD 1578
Committee Amendment CA_A_H625 (House)

COMMITTEE AMENDMENT "A-" to H.P. 1036, L.D. 1578, "An Act to Require 
the Department of Health and Human Services to Review Disruption to or Removal of 
Health Services" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, to Establish the Commission to Evaluate the Scope of Regulatory Review 
and Oversight over Health Care Transactions That Impact the Delivery of Hettlth 
t 5 
Care Services in the State' 
... :l i •x, • 1 ·, 
• Amend the bill by striking out everything after the title and inserting the folloWin~( • 
'Emergency preamble. Whereas, acts and resolves of the _Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve establishes a commission to evaluate the scope of regulatory 
review and oversight over health care transactions that impact the delivery of health care 
services in the State; and 
Whereas, the Legislature believes it is impo1tant-to conduct this evaluation because 
the State's health care delivery system faces significant financial and workforce challenges; 
and 
Whereas, this legislation must take effect as soon as possible in order to provide 
adequate time for the commission to complete its work in a timely manner before 
submitting its rep01t; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Commission established. Resolved: That the Commission to Evaluate 
the Scope of Regulatory Review and Oversight over Health Care Transactions That Impact 
COMMITTEE AMENDMENT 
ROS 
.............. ~ 
COMMITTEE AMENDMENT 'A" to H.P. 1036, L.D. 1578 
the Delivery of Health Care Services in the State, refened to in this resolve as "the 
commission," is established. 
Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 15 members appointed as follows: 
1. Two members of the Senate, including one member of the party holding the largest 
number of seats in the Legislature and one member of the party holding the 2nd largest 
number of seats in the Legislature, appointed by the President of the Senate; 
2. Two members of the House of Representatives, including one member of the party 
holding the largest number of seats in the Legislature and one member of the party holding 
the 2nd largest number of seats in the Legislature, appointed by the Speaker of the House; 
3. Two members representing hospitals, one member appointed by the President of the 
Senate and one member appointed by the Speaker of the House; 
4. Two members representing health care providers, one of whom must represent an 
independently owned specialty practice and is appointed by the President of the Senate and 
the other of whom is appointed by the Speaker of the House; 
5. One member representing a statewide association of nursing homes or other long-
term care facilities, appointed by the President of the Senate; 
6. One member of the public representing health insurance consumers, appointed by 
the Speaker of the House; 
7. One member representing health insurance caniers, appointed by the President of 
the Senate; 
8. One member representing a statewide association of health care purchasers, 
appointed by the Speaker of the House; 
9. One member of the public who is a lawyer who has practiced in the field ofcetiificate 
of need law or mergers or acquisitions of health care entities, appointed by the Speaker of 
the House; 
10. The executive director of the Office of Affordable Health Care or the executive 
director's designee; and 
11. The Commissioner of Health and Human Services or the commissioner's designee. 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member 1s the House chair of the 
commission. 
Sec. 4. 
Appointments; convening of commission. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business. 
Sec. 5. Duties. Resolved: That the commission shall: 
COMMITTEE AMENDMENT 
.~'2§. 
COMMITTEE AMENDMENT" A, to H.P. 1036, L.D. 1578 
1. Evaluate potential changes to the State1s certificate of need laws, including, but not 
limited to, expanding the scope of review to the tennination or disruption of health care 
services and changing the monetary thresholds that trigger review; 
2. Evaluate potential legislative changes to require regulatory review and oversight of 
substantial health care transactions, such as transfers of ownership or control, among 
hospitals, health care facilities and health care provider organizations; 
3. Evaluate the role of a private equity company or real estate investment trust taking 
a direct or indirect ownership interest, operational control or financial control of a hospital 
in the State; and 
4. Examine any other issues to further the duties and purposes of the study. 
The commission shall review and identify best practices learned from similar efforts in 
other states, The commission may hold hearings and invite testimony from experts and the 
public to gather infonnation. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff suppo1t 
is not authorized when the Legislature is in regular or special session, 
Sec. 7. Stakeholder participation. Resolved: That the commission may invite 
the participation of stakeholders to paiticipate in meetings or subcommittee meetings of 
the commission to ensure the commission has the infonnation and expe1tise necessary to 
fulfill its duties, including the Maine Health Data Organization. 
Sec. 8. Report. Resolved: That, notwithstanding Joint Rule 353, no later than 
January 15, 2026, the commission shall submit a rep01t that includes its findings and 
recommendations, including suggested legislation, to the Joint Standing Committee on 
Health Coverage, Insurance and Financial Services. The joint standing committee may 
repo1t out legislation based on the repo1t to the Second Regular Session of the 132nd 
Legislature. 
Sec. 9. Outside funding. Resolved: That the commission may seek funding 
contributions to contribute to the costs of the study. All funding is subject to approval by 
the Legislative Council in accordance with its policies. 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill with a resolve. The amendment establishes the 
Commission to Evaluate the Scope of Regulatory Review and Oversight over Health Care 
Transactions That Impact the Delivery of Health Care Services in the State. 
The 
amendment requires the commission to: 
1. Evaluate potential changes to the State1s ce1tificate of need laws, including, but not 
limited to, expanding the scope of review to the termination or disruption of health care 
services and changing the monetary thresholds that trigger review; 
COMMITTEE AMENDMENT 
ROS 
... ,j -~ 
COMMITTEE AMENDMENT 'A" to H.P. 1036, L.D. 1578 
2. Evaluate potential legislative changes to require regulatory review and oversight of 
substantial health care transactions, such as transfers of ownership or control, among 
hospitals, health care facilities and health care provider organizations; and 
3. Evaluate the role of a private equity company or real estate investment trust taking 
a direct or indirect ownership interest, operational control or financial control of a hospital 
in the State. 
The amendment directs the commission to repmt to the Joint Standing Committee on 
Health Coverage, Insurance and Financial Services no later than Janua1y 15, 2026 and 
authorizes the committee to repmt out legislation to the Second Regular Session of the 
132nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/25 L-RL-
LD 1578 
LR 775(02) 
An Act to Require the Department of Health and Human Services to Review Disruption to or Removal 
of Health Services 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment A 
( {1 ~b Z t;) 
Committee: Health Coverage, Insurance an:d Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $3,050 in fiscal year 2025-26. The Legislature's 
proposed budget for the 2026-2027 biennium includes $22,196 in each of fiscal years 2025-26 and 2026-27 for the 
costs of legislative studies, as well as $8,265 in projected balances from fiscal year 2024-25 and $33,073 of balances 
carried over from prior years for this purpose. Whether these amounts are sufficient to fund all studies will depend on 
the number of studies authorized by the Legislative Council and the Legislature. The additional costs of providing 
staffing assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services and the Office of Affordable Health Care to 
serve on a study co1mnission are expected to be minor and can be absorbed within existing budgeted resources. 
LR0775(02) - Fiscal Note - Page 1 of 1