reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §254-C. Prescription drug program for out-of-country prescription drugs

§254-C. Prescription drug program for out-of-country prescription drugs
The department shall establish a prescription drug program, when permitted by federal law or by the granting of a waiver by the United States Secretary of Health and Human Services, to provide access to prescription drugs from out of the country to residents of the State who are 62 years of age or older or have disabilities. The program must operate within the limits of federal law and regulation and state law and rule.   [PL 2005, c. 165, §1 (NEW).]
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Member" means a person who meets the eligibility requirements of subsection 2 and who is enrolled in the program.   [PL 2005, c. 165, §1 (NEW).]
B. "Program" means the prescription drug program under this section.   [PL 2005, c. 165, §1 (NEW).]
[PL 2005, c. 165, §1 (NEW).]
2.  Eligibility.
Residents of the State are eligible for the program if they are 62 years of age or older or have disabilities.
[PL 2005, c. 165, §1 (NEW).]
3.  Access.
Access to prescription drugs under the program is subject to the requirements of this subsection.
A. The member must show evidence of use of a pharmacist licensed in the State to coordinate all prescriptions and prevent harmful drug interactions.   [PL 2005, c. 165, §1 (NEW).]
B. The program may provide access to prescription drugs that a member has taken according to prescription for at least 15 days.   [PL 2005, c. 165, §1 (NEW).]
C. The program may provide access to prescription drugs from pharmacies located outside the country, provided that the department has specifically approved the use of any pharmacies located outside the country.   [PL 2005, c. 165, §1 (NEW).]
D. The program may provide access to prescription drugs that are brand-name drugs in their original sealed packaging.   [PL 2005, c. 165, §1 (NEW).]
E. The program may not provide access to antibiotics for acute illnesses or prescription drugs for alleviation of pain that are habit-forming.   [PL 2005, c. 165, §1 (NEW).]
[PL 2005, c. 165, §1 (NEW).]
4.  Testing.
The program must include a procedure for random testing of drugs to ensure purity and safety for the member.
[PL 2005, c. 165, §1 (NEW).]
5.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2005, c. 165, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 165, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §255. Coordination of health services funded through the state and federal funds

§255. Coordination of health services funded through the state and federal funds
1.  Findings and declaration of legislative intent.
The Legislature finds that the costs of health care and services provided by health care facilities are matters of vital concern to the people of this State and have a direct relationship to the ability of the people to obtain necessary health care.
The Legislature further finds that the coordination of health services in a geographic area within an existing health facility, where practicable, increases both access and quantity of services provided and increases the likelihood costs for these services will be reasonable.
It is the intent of the Legislature to define a policy for the Department of Health and Human Services in order that health services paid for by state and federal funds be coordinated through existing health facilities whenever possible.
[PL 1979, c. 393 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Coordination of health services.
To assure equal access to and to avoid the unnecessary duplication of administrative systems, of health services and of health care facilities, the Department of Health and Human Services shall, to the extent practicable, assure that health services funded or provided under the United States Social Security Act, Title V, ESPDT of Title XIX and Title XX, as amended, the United States Public Health Services Act, Section 314 D of Title III, as amended, the Women, Infants and Children (WIC) Special Supplemental Food Program of the United States Child Nutrition Act of 1966, or its successor, the United States Older Americans Act, ASPDT of Title III, as amended, shall be provided through agreements with an existing health facility as long as quality of care is maintained.
[PL 1979, c. 393 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1979, c. 393 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §255-A. Commission to Protect the Lives and Health of Members of the Maine National Guard (REPEALED)

§255-A. Commission to Protect the Lives and Health of Members of the Maine National Guard
(REPEALED)
SECTION HISTORY
PL 2007, c. 318, §2 (NEW). PL 2011, c. 344, §25 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §256. Health care occupations manual (REPEALED)

§256. Health care occupations manual
(REPEALED)
SECTION HISTORY
PL 1989, c. 579, §3 (NEW). PL 2005, c. 327, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §256-A. Health care occupations report

§256-A. Health care occupations report
Beginning in 2006, the Department of Labor, in conjunction with the Office of Data, Research and Vital Statistics, shall compile and annually update a health care occupations report to be completed and presented to the health workforce forum established in section 257 by September 15th. Beginning in 2009, the health care occupations report must be completed and presented to the health workforce forum established in section 257 by September 15th and presented every 4th year thereafter. The report must be posted on a publicly accessible site on the Internet maintained by the Department of Labor and provide the following information:   [PL 2009, c. 601, §1 (AMD).]
1.  Listing.
A listing of all health care occupations licensed, registered or certified under the authority of the boards listed in section 256‑B, including:
A. A brief description of each occupation;   [PL 2005, c. 327, §2 (NEW).]
B. Minimum education requirements;   [PL 2005, c. 327, §2 (NEW).]
C. Schools in the State offering education in those health care occupations, including current enrollment and annual number of graduates; and   [PL 2005, c. 327, §2 (NEW).]
D. Average starting salary for each health care occupation listed;   [PL 2005, c. 327, §2 (NEW).]
[PL 2005, c. 327, §2 (NEW).]
2.  Future outlook.
An analysis of trends and the current outlook in employment supply and demand, including implications for the state and health care industry; and
[PL 2005, c. 327, §2 (NEW).]
3.  Financial aid.
Financial aid available for education.
[PL 2005, c. 327, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 327, §2 (NEW). PL 2007, c. 240, Pt. RR, §2 (AMD). PL 2007, c. 631, §1 (AMD). PL 2009, c. 601, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §257. Health workforce forum

§257. Health workforce forum
The department shall convene at least once annually a health workforce forum to review the latest report developed under section 256‑A and discuss current health care workforce issues. The forum must include representatives of health professionals, licensing boards, employers, health education programs and the Department of Labor.   [PL 2007, c. 631, §2 (AMD).]
1.  Inventory.
[PL 2005, c. 327, §3 (RP).]
2.  Research.
[PL 2005, c. 327, §3 (RP).]
The department shall use the information gathered through the forum to develop its health policy and planning decisions authorized under this Title and to make appropriate policy recommendations based on its analysis of the health care workforce. The department shall post the report and recommendations on a publicly accessible site on the Internet maintained by the department by December 31st beginning in 2009.   [PL 2007, c. 631, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 653, §C2 (NEW). PL 1995, c. 653, §C3 (AFF). PL 2005, c. 327, §3 (AMD). PL 2007, c. 631, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §258. Healthy Maine Prescription Program

§258. Healthy Maine Prescription Program
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Elderly low-cost drug program" means the program established as part of the Healthy Maine Prescription Program pursuant to section 254‑D.   [PL 2005, c. 401, Pt. C, §2 (AMD).]
B. "Prescription program" means the Healthy Maine Prescription Program established in this section.   [PL 2001, c. 293, §5 (NEW).]
[PL 2005, c. 401, Pt. C, §2 (AMD).]
2.  Program established.
The Healthy Maine Prescription Program is established as the Medicaid prescription drug discount program authorized pursuant to 42 United States Code, Section 1315, as amended, and the waiver project authorized under that section.
[PL 2001, c. 293, §5 (NEW).]
3.  Administration; components.
The department shall administer the prescription program. The elderly low-cost drug program is a component of the prescription program.
[PL 2001, c. 293, §5 (NEW).]
4.  Benefit eligibility.
Benefits are subject to the following provisions.
A. An individual enrolled in both the elderly low-cost drug program and the prescription program is eligible for the more generous discount authorized under either program in the event overlapping benefits exist.   [PL 2001, c. 293, §5 (NEW).]
B. If a drug rebate is paid for any prescription under the prescription program, a rebate is not due under the elderly low-cost drug program.   [PL 2001, c. 293, §5 (NEW).]
C. The department shall issue a single certificate for eligibility to an individual who is eligible for both the benefit under the elderly low-cost drug program and the benefit under the prescription program.   [PL 2001, c. 293, §5 (NEW).]
[PL 2001, c. 293, §5 (NEW).]
5.  Copayments.
Notwithstanding section 3173‑C, a beneficiary of the prescription program shall make the copayments authorized under the prescription program and the elderly low-cost drug program.
[PL 2001, c. 293, §5 (NEW).]
6.  Report.
On or before January 15th each year, the department shall report to the Legislature on the prescription program.
[PL 2001, c. 293, §5 (NEW).]
7.  Rules.
The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 293, §5 (NEW).]
8.  Transition.
When benefits are not available under this section, the commissioner may provide benefits under pharmaceutical benefits programs that were in effect on May 26, 2001.
[PL 2001, c. 467, Pt. B, §1 (NEW); PL 2001, c. 467, Pt. B, §4 (AFF).]
SECTION HISTORY
PL 2001, c. 293, §5 (NEW). PL 2001, c. 467, §B1 (AMD). PL 2001, c. 467, §B4 (AFF). PL 2005, c. 401, §C2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §259. Support for primary and preventive health care services

§259. Support for primary and preventive health care services
The department shall maintain and expand health care access for underserved populations using funds appropriated for these purposes by the Legislature as provided in this section.   [PL 2001, c. 450, Pt. B, §1 (NEW).]
1.  Support for federally qualified health centers.
The department shall provide support for federally qualified health centers as follows:
A. Seventy-five thousand dollars in fiscal years 2001-02 and 2002-03 as the state Medicaid match to contract for Medicaid outstationing services at federally qualified health centers;   [PL 2015, c. 267, Pt. JJJ, §1 (AMD).]
B. Six hundred ninety-nine thousand, one hundred fifty dollars in fiscal year 2001-02 to federally qualified health centers to support the infrastructure of these programs in providing primary care services to underserved populations. Forty-four thousand, two hundred fifty dollars must be provided to each federally qualified health center with an additional $8,850 for the 2nd and each additional site operated by a federally qualified health center. For the purposes of this paragraph, "site" means a site or sites operated by the federally qualified health center within its scope of service that meet all health center requirements, including providing primary care services, regardless of patients' ability to pay, 5 days a week with extended hours. If there is not sufficient funding to meet the formula in this paragraph, the $699,150 must be allocated in proportion to the formula outlined in this paragraph; and   [PL 2015, c. 267, Pt. JJJ, §1 (AMD).]
C. Five hundred thousand dollars, beginning with fiscal year 2015-16 and continuing each fiscal year thereafter, to support access to primary medical, behavioral health and dental services to residents of the State in rural and underserved communities and to assist with provider recruitment and retention. Twenty-five thousand dollars must be provided to each federally qualified health center.   [PL 2015, c. 267, Pt. JJJ, §1 (NEW).]
[PL 2015, c. 267, Pt. JJJ, §1 (AMD).]
2.  Restriction.
Funding provided under this section may not supplant other sources of funding.
[PL 2001, c. 450, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 450, §B1 (NEW). PL 2001, c. 667, §C12 (AMD). PL 2015, c. 267, Pt. JJJ, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §260. Maine Health Access Fund

§260. Maine Health Access Fund
There is established the Maine Health Access Fund, referred to in this section as the "fund," as a dedicated fund to provide expanded access to health care.   [PL 2001, c. 450, Pt. E, §1 (NEW).]
1.  Transfers to fund.
The State Controller shall transfer to the fund such money as authorized by law. The fund may also receive funds from other sources that are designated for the fund. Interest earned on fund balances and investment income on balances in the fund accrue to the fund.
[PL 2001, c. 450, Pt. E, §1 (NEW).]
2.  Nonlapsing.
Any unexpended balances in the fund may not lapse but must be carried forward.
[PL 2001, c. 450, Pt. E, §1 (NEW).]
3.  Restriction.
Allocations from the fund must be used to supplement and not supplant appropriations from the General Fund.
[PL 2001, c. 450, Pt. E, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 450, §E1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §262. Home visiting

§262. Home visiting
1.  Voluntary universal home visiting program.
The department, as permitted by the availability of funds, shall offer a voluntary universal home visiting program for new families with children from the prenatal stage of development through 5 years of age, regardless of family income level. The home visiting program must incorporate the following principles:
A. Healthy and strong parent-child attachment;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
B. Physical and behavioral health of the family;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
C. Reduced incidence of child abuse and neglect;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
D. Positive and creative learning environments for the child;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
E. Effective and positive parenting;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
F. Parental competencies and self-confidence;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
G. Reducing family isolation through community linkages;   [PL 2007, c. 683, Pt. B, §2 (NEW).]
H. School readiness; and   [PL 2007, c. 683, Pt. B, §2 (NEW).]
I. Family self-sufficiency.   [PL 2007, c. 683, Pt. B, §2 (NEW).]
[PL 2007, c. 683, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 683, Pt. B, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §263. Fees for services provided to municipalities

§263. Fees for services provided to municipalities
The department shall adopt rules to charge fees for services provided to municipalities by the Maine Center for Disease Control and Prevention pertaining to health data and vital statistics, including but not limited to fees for services, paper and supplies. The department shall review fees charged under this section every 3 years beginning in 2013. Rules adopted pursuant to this section are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 589, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 589, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 101: GENERAL PROVISIONS › 22 §265. Electronic health record; sexual orientation and gender identity data

§265. Electronic health record; sexual orientation and gender identity data
Beginning October 1, 2026, a health care facility, other than a pharmacy licensed pursuant to Title 32, chapter 117, shall ensure that data related to sexual orientation and gender identity is collected from an individual as part of the health care information collected upon intake at a health care facility and at any other time demographic information is collected, unless the individual declines to answer questions regarding the individual's sexual orientation or gender identity. This data is part of the individual's electronic health record. For the purposes of this section, "health care facility" has the same meaning as in section 1711‑C, subsection 1, paragraph D, "health care information" has the same meaning as in section 1711‑C, subsection 1, paragraph E and "individual" has the same meaning as in section 1711‑C, subsection 1, paragraph G. Data collected pursuant to this section is health care information that is subject to the confidentiality requirements of section 1711‑C. The sexual orientation and gender identity data required to be collected pursuant to this section is the same as the sexual and gender identity data elements added by the federal Department of Health and Human Services, Health Resources and Services Administration to the uniform data system administered by the Health Resources and Services Administration in 2016 or included in any subsequent standards.   [PL 2023, c. 129, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 129, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 102: TOBACCO TAX AND HEALTH PROTECTION › 22 §271. Definitions

§271. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 560, Pt. D, §2 (NEW).]
1.  Bureau.
"Bureau" means the Bureau of Health.
[PL 1997, c. 560, Pt. D, §2 (NEW).]
2.  Advisory council.
"Advisory council" means the Tobacco Prevention and Control Advisory Council.
[PL 1997, c. 560, Pt. D, §2 (NEW).]
3.  Program.
"Program" means the Tobacco Prevention and Control Program.
[PL 1997, c. 560, Pt. D, §2 (NEW).]
4.  Tobacco products.
"Tobacco products" means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes.
[PL 1997, c. 560, Pt. D, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 560, §D2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §301. Short title (REPEALED)

§301. Short title
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §302. Declaration of findings and purposes (REPEALED)

§302. Declaration of findings and purposes
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1997, c. 689, §B1 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §303. Definitions (REPEALED)

§303. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §§V1-V14 (AMD). PL 1983, c. 579, §§6,7 (AMD). PL 1985, c. 418, §§1-3 (AMD). PL 1987, c. 486, §1 (AMD). PL 1995, c. 696, §§A1-8 (AMD). PL 1997, c. 689, §§B2-9 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304. Certificate of need required (REPEALED)

§304. Certificate of need required
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1979, c. 375 (AMD). PL 1981, c. 705, §V15 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-A. Certificate of need required (REPEALED)

§304-A. Certificate of need required
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V16 (NEW). PL 1983, c. 579, §8 (AMD). PL 1985, c. 338, §1 (AMD). PL 1985, c. 418, §4 (AMD). PL 1987, c. 363, §§1,2 (AMD). PL 1987, c. 436, §1 (AMD). PL 1987, c. 725, §1 (AMD). PL 1989, c. 919, §§3-9,18 (AMD). PL 1991, c. 485, §1 (AMD). PL 1991, c. 485, §10 (AFF). PL 1993, c. 283, §1 (AMD). PL 1993, c. 410, §FF1 (AMD). PL 1993, c. 477, §§D2,3 (AMD). PL 1993, c. 477, §F1 (AFF). PL 1995, c. 696, §§A9-14 (AMD). PL 1997, c. 242, §1 (AMD). PL 1997, c. 689, §B10 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-B. Subsequent review (REPEALED)

§304-B. Subsequent review
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V17 (NEW). PL 1985, c. 418, §5 (AMD). PL 1997, c. 689, §B11 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-C. Waiver of certificate of need review for projects for which hospital does not seek positive adjustment to financial requirements established by Maine Health Care Finance Commission (REPEALED)

§304-C. Waiver of certificate of need review for projects for which hospital does not seek positive adjustment to financial requirements established by Maine Health Care Finance Commission
(REPEALED)
SECTION HISTORY
PL 1985, c. 338, §2 (NEW). PL 1985, c. 661, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-D. Waiver of certificate of need for certain minor projects (REPEALED)

§304-D. Waiver of certificate of need for certain minor projects
(REPEALED)
SECTION HISTORY
PL 1985, c. 661, §2 (NEW). PL 1989, c. 588, §§A3,A4 (AMD). PL 1991, c. 485, §2 (AMD). PL 1995, c. 696, §§A15,16 (AMD). PL 1997, c. 689, §B12 (RP). PL 1997, c. 689, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-E. Waiver of certificate of need review when review is unnecessary and serves no public purpose (REPEALED)

§304-E. Waiver of certificate of need review when review is unnecessary and serves no public purpose
(REPEALED)
SECTION HISTORY
PL 1987, c. 725, §2 (NEW). PL 1997, c. 689, §B13 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-F. Procedures after voluntary nursing facility reductions (REPEALED)

§304-F. Procedures after voluntary nursing facility reductions
(REPEALED)
SECTION HISTORY
PL 1995, c. 696, §A17 (NEW). PL 1997, c. 689, §B14 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §304-G. Nursing facility projects (REPEALED)

§304-G. Nursing facility projects
(REPEALED)
SECTION HISTORY
PL 1997, c. 689, §B15 (NEW). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §305. Periodic reports (REPEALED)

§305. Periodic reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1997, c. 689, §B16 (RP). PL 1997, c. 689, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §305-A. Annual proposal to adjust for inflation (REPEALED)

§305-A. Annual proposal to adjust for inflation
(REPEALED)
SECTION HISTORY
PL 1997, c. 689, §B17 (NEW). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §306. Application process (REPEALED)

§306. Application process
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §V18 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §306-A. Application process for a certificate of need (REPEALED)

§306-A. Application process for a certificate of need
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V19 (NEW). PL 1985, c. 418, §6 (AMD). PL 1987, c. 436, §§2,3 (AMD). PL 1995, c. 696, §§A18,19 (AMD). PL 1997, c. 689, §§B18,19 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §306-B. Certificate of Need Advisory Committee (REPEALED)

§306-B. Certificate of Need Advisory Committee
(REPEALED)
SECTION HISTORY
PL 1997, c. 689, §B20 (NEW). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §307. Review process (REPEALED)

§307. Review process
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §§V20-V29 (AMD). PL 1983, c. 722 (AMD). PL 1983, c. 812, §115 (AMD). PL 1985, c. 342 (AMD). PL 1985, c. 418, §§7-10 (AMD). PL 1985, c. 443, §1 (AMD). PL 1985, c. 661, §3 (AMD). PL 1985, c. 737, §§A48,49 (AMD). PL 1989, c. 503, §B79 (AMD). PL 1993, c. 410, §FF2 (AMD). PL 1995, c. 696, §§A20-24 (AMD). PL 1997, c. 689, §§B21,22 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §308. Waiver of requirements; emergency certificate of need (REPEALED)

§308. Waiver of requirements; emergency certificate of need
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1979, c. 601, §§1,2 (AMD). PL 1981, c. 705, §V30 (AMD). PL 1985, c. 418, §§11,12 (AMD). PL 1987, c. 436, §§4,5 (AMD). PL 1997, c. 242, §2 (AMD). PL 1997, c. 689, §§B23-28 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §309. Principles governing the review of applications (REPEALED)

§309. Principles governing the review of applications
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §§V31-V33 (AMD). PL 1983, c. 579, §9 (AMD). PL 1985, c. 338, §3 (AMD). PL 1985, c. 418, §§13-15 (AMD). PL 1985, c. 661, §§4-6 (AMD). PL 1987, c. 436, §6 (AMD). PL 1989, c. 501, §P24 (AMD). PL 1989, c. 502, §A65 (AMD). PL 1993, c. 410, §FF3 (AMD). PL 1993, c. 477, §D4 (AMD). PL 1993, c. 477, §F1 (AFF). PL 1995, c. 462, §A41 (AMD). PL 1995, c. 696, §§A25-30 (AMD). PL 1997, c. 689, §§B29,30 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §310. Reconsideration (REPEALED)

§310. Reconsideration
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1985, c. 443, §2 (AMD). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §311. Remedy (REPEALED)

§311. Remedy
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1985, c. 443, §3 (AMD). PL 1985, c. 701 (AMD). PL 1997, c. 689, §B31 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §312. Rules (REPEALED)

§312. Rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §V34 (AMD). PL 1997, c. 689, §B32 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §313. Public information (REPEALED)

§313. Public information
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §314. Conflict of interest (REPEALED)

§314. Conflict of interest
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1979, c. 734, §9 (AMD). PL 1985, c. 418, §16 (AMD). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §315. Division of project to evade cost limitation prohibited (REPEALED)

§315. Division of project to evade cost limitation prohibited
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §316. Exemptions (REPEALED)

§316. Exemptions
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §V35 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §316-A. Exemptions (REPEALED)

§316-A. Exemptions
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V36 (NEW). PL 1983, c. 200, §§1,2,3 (AMD). RR 1997, c. 2, §§42,43 (COR). PL 1997, c. 689, §B33 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §317. Scope of certificate of need (REPEALED)

§317. Scope of certificate of need
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1981, c. 705, §V37 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §317-A. Scope of certificate of need (REPEALED)

§317-A. Scope of certificate of need
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V38 (NEW). PL 1985, c. 418, §17 (AMD). PL 1997, c. 689, §§B34,35 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §318. Withholding of license (REPEALED)

§318. Withholding of license
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §319. Withholding of funds (REPEALED)

§319. Withholding of funds
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1985, c. 418, §18 (AMD). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §320. Injunction (REPEALED)

§320. Injunction
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §321. Penalty (REPEALED)

§321. Penalty
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1987, c. 436, §7 (AMD). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §322. Implementation reports (REPEALED)

§322. Implementation reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 687, §1 (NEW). PL 1985, c. 418, §19 (AMD). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §323. Relationship to the United States Social Security Act, Section 1122 (REPEALED)

§323. Relationship to the United States Social Security Act, Section 1122
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V39 (NEW). PL 1997, c. 689, §B36 (RP). PL 1997, c. 689, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §324. Review (REPEALED)

§324. Review
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V40 (NEW). PL 1995, c. 696, §A31 (RPR). PL 1997, c. 689, §B37 (AMD). PL 1997, c. 689, §C2 (AFF). PL 2001, c. 664, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103: CERTIFICATE OF NEED (REPEALED) › 22 §325. Health Systems Agency (REPEALED)

§325. Health Systems Agency
(REPEALED)
SECTION HISTORY
PL 1981, c. 705, §V41 (NEW). PL 1985, c. 418, §20 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §326. Short title

§326. Short title
This chapter may be known and cited as the "Maine Certificate of Need Act of 2002."   [PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §327. Declaration of findings and purposes

§327. Declaration of findings and purposes
The Legislature makes the following statements of findings and purposes.   [PL 2001, c. 664, §2 (NEW).]
1.  Findings.
The Legislature finds that unnecessary construction or modification of health care facilities and duplication of health services are substantial factors in the cost of health care and the ability of the public to obtain necessary medical services.
[PL 2001, c. 664, §2 (NEW).]
2.  Purposes.
The purposes of this chapter are to:
A. Support effective health planning;   [PL 2001, c. 664, §2 (NEW).]
B. Support the provision of quality health care in a manner that ensures access to cost-effective services;   [PL 2001, c. 664, §2 (NEW).]
C. Support reasonable choice in health care services while avoiding excessive duplication;   [PL 2001, c. 664, §2 (NEW).]
D. Ensure that state funds are used prudently in the provision of health care services;   [PL 2001, c. 664, §2 (NEW).]
E. Ensure public participation in the process of determining the array, distribution, quantity, quality and cost of these health care services;   [PL 2001, c. 664, §2 (NEW).]
F. Improve the availability of health care services throughout the State;   [PL 2001, c. 664, §2 (NEW).]
G. Support the development and availability of health care services regardless of the consumer's ability to pay;   [PL 2001, c. 664, §2 (NEW).]
H. Seek a balance, to the extent a balance assists in achieving the purposes of this subsection, between competition and regulation in the provision of health care; and   [PL 2001, c. 664, §2 (NEW).]
I. Promote the development of primary and secondary preventive health care services.   [PL 2001, c. 664, §2 (NEW).]
[PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §330. Exceptions

§330. Exceptions
Notwithstanding section 329, the requirements of this Act do not apply with respect to:   [PL 2001, c. 664, §2 (NEW).]
1.  Healing through prayer.
A health care facility operated by a religious group relying solely on spiritual means through prayer for healing;
[PL 2001, c. 664, §2 (NEW).]
2.  Activities; acquisitions.
Activities or acquisitions by or on behalf of a health maintenance organization or a health care facility controlled, directly or indirectly, by a health maintenance organization or combination of health maintenance organizations to the extent mandated by the National Health Policy, Planning and Resources Development Act of 1974, as amended, and its accompanying regulations;
[PL 2001, c. 664, §2 (NEW).]
3.  Home health care services.
Home health care services offered by a home health care provider;
[PL 2001, c. 664, §2 (NEW).]
4.  Hospice.
Hospice services and programs;
[PL 2001, c. 664, §2 (NEW).]
5.  Assisted living.
[PL 2003, c. 510, Pt. B, §6 (RP).]
5-A.  Assisted housing.
Assisted housing programs and services regulated under chapter 1664;
[PL 2003, c. 510, Pt. A, §15 (NEW).]
6.  Existing capacity.
The use by an ambulatory surgical facility licensed on January 1, 1998 of capacity in existence on January 1, 1998; and
[PL 2001, c. 664, §2 (NEW).]
7.  Critical access hospitals.
Conversion by a critical access hospital or a hospital in the process of becoming a critical access hospital of licensed acute care beds to hospital swing beds.
[PL 2003, c. 621, §1 (AMD).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW). PL 2003, c. 510, §§A15,B6 (AMD). PL 2003, c. 621, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §331. Subsequent review following changes in project

§331. Subsequent review following changes in project
When a certificate of need has been issued and changes occur as specified in this section, a subsequent review is required.   [PL 2001, c. 664, §2 (NEW).]
1.  Criteria for subsequent review.
The following activities require subsequent review and approval if the department has previously issued a certificate of need and one or more of the following circumstances occur within 3 years after the approved activity is undertaken:
A. There is a significant change in financing;   [PL 2001, c. 664, §2 (NEW).]
B. There is a change affecting the licensed or certified bed capacity as approved in the certificate of need;   [PL 2001, c. 664, §2 (NEW).]
C. There is a change involving the addition or termination of the health services proposed to be rendered;   [PL 2001, c. 664, §2 (NEW).]
D. There is a change in the site or the location of the proposed health care facility; or   [PL 2001, c. 664, §2 (NEW).]
E. There is a substantial change proposed in the design of the health care facility or the type of construction.   [PL 2001, c. 664, §2 (NEW).]
[PL 2001, c. 664, §2 (NEW).]
2.  Procedures for subsequent review.
Any person proposing to undertake any activity requiring subsequent review and approval shall file with the department, within 30 days of the time that person first has actual knowledge of the circumstances requiring subsequent review, a notice setting forth the following information:
A. The nature of the proposed change;   [PL 2001, c. 664, §2 (NEW).]
B. The rationale for the change including, where appropriate, an explanation of why the change was not set forth in the original application or letter of intent; and   [PL 2001, c. 664, §2 (NEW).]
C. Other pertinent detail subject to the procedures and criteria set forth in section 335.   [PL 2001, c. 664, §2 (NEW).]
The department shall, within 30 days of receipt of the information, advise that person in writing whether the proposed change is approved. If not approved, the application must be treated as a new application under this Act. If approved, the department shall amend the certificate of need as appropriate.
[PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §334. Nursing facility projects (REPEALED)

§334. Nursing facility projects
(REPEALED)
SECTION HISTORY
PL 2001, c. 664, §2 (NEW). PL 2003, c. 416, §1 (AMD). PL 2007, c. 440, §12 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §338. Consultation

§338. Consultation
1.  Consultation on new technologies and needs.
In connection with the development of policies and procedures to implement this Act, the commissioner may, from time to time, consult with persons with relevant skills and experience regarding:
A. New medical technologies and the impact of those technologies on the health care delivery system in the State;   [PL 2003, c. 469, Pt. C, §13 (AMD).]
B. Unmet need for health care services in the State;   [PL 2011, c. 648, §18 (AMD).]
C. The quality of health care; and   [PL 2011, c. 648, §18 (AMD).]
D. The need to replace, renovate or upgrade health care facilities to meet current and future needs.   [PL 2011, c. 648, §18 (NEW).]
[PL 2011, c. 648, §18 (AMD).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW). PL 2003, c. 469, §§C13,14 (AMD). PL 2011, c. 648, §18 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §340. Reconsideration

§340. Reconsideration
Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need.   [PL 2001, c. 664, §2 (NEW).]
1.  Timing for request.
A request for hearing for reconsideration under this section must be received within 30 days of the department's decision.
[PL 2001, c. 664, §2 (NEW).]
2.  Hearing.
If the department determines that good cause for a hearing under this section has been demonstrated, the department shall commence a hearing within 30 days of receipt of the request. For purposes of this section, a request for a hearing is considered to show good cause if it:
A. Presents significant, relevant information not previously considered by the department;   [PL 2001, c. 664, §2 (NEW).]
B. Demonstrates that there have been significant changes in factors or circumstances relied upon by the department in reaching its decision;   [PL 2001, c. 664, §2 (NEW).]
C. Demonstrates that the department has materially failed to follow its adopted procedures in reaching its decision; or   [PL 2001, c. 664, §2 (NEW).]
D. Provides other bases for a hearing that the department has determined constitute good cause.   [PL 2001, c. 664, §2 (NEW).]
[PL 2001, c. 664, §2 (NEW).]
3.  Decision.
A decision must be rendered within 60 days of the commencement of a hearing under this section, except that the parties may agree to a longer time period.
[PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §341. Remedy

§341. Remedy
Any person aggrieved by a final decision of the department made under the provisions of this Act is entitled to review in accordance with this chapter and with Title 5, chapter 375, subchapter VII.   [PL 2001, c. 664, §2 (NEW).]
1.  Finality.
A decision of the department to issue a certificate of need or to deny an application for a certificate of need is not considered final until the department has taken final action on a request for reconsideration under section 340. A decision by the department is not final when opportunity for reconsideration exists with respect to matters involving new information or changes in circumstances pursuant to section 340, subsection 2, paragraphs A and B.
[PL 2001, c. 664, §2 (NEW).]
2.  Competitive reviews.
If a person or persons file for review under Title 5, chapter 375, regarding competitive reviews of proposals to construct new nursing facility beds, the court shall require the party seeking judicial review to give security in such sums as the court determines proper for the payment of costs and damages that may be incurred or suffered by any other party who is found to have been wrongfully delayed or restrained from proceeding to implement the certificate of need, except that, for good cause shown and recited in the order, the court may waive the giving of security. A surety upon a bond or undertaking under this subsection submits the surety to the jurisdiction of the court and irrevocably appoints the clerk of the court as the agent for the surety upon whom any papers affecting liability on the bond or undertaking may be served. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall mail copies to the persons giving the security if their addresses are known.
[PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §342. Rules

§342. Rules
The department shall adopt any rules, standards, criteria, plans or procedures that may be necessary to carry out the provisions and purposes of this Act. The department shall provide for public notice and hearing on all proposed rules, standards, criteria, plans, procedures or schedules pursuant to Title 5, chapter 375. Unless otherwise provided by this chapter, rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 664, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 1: ADMINISTRATION › Chapter 103-A: CERTIFICATE OF NEED › 22 §343. Public information

§343. Public information
The department shall prepare and publish at least annually a report on its activities conducted pursuant to this Act. The annual report must include information on all certificates of need granted and denied and on the assessment of penalties. With regard to all certificates granted on a conditional basis, the report must include a summary of information reported pursuant to section 332 and any accompanying statements by the commissioner or department staff submitted regarding the reports.   [PL 2009, c. 383, §13 (AMD).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW). PL 2009, c. 383, §13 (AMD).