Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 503 - MAINE CERTIFICATE OF NEED PROCEDURES MANUAL FOR HEALTH CARE FACILITIES (OTHER THAN NURSING CARE FACILITIES) › Chapter 3 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following words and phrases shall have the following
				  meanings:
1. ACCESS TO CARE means the
				ability to obtain in a timely manner needed personal health services to achieve
				the best possible health outcomes balanced by the health system's resource
				limitations. Access to care may be influenced by many factors, including,
				without limitation, travel, distance, waiting time, available resources,
				availability of a source of care and the health status of the population
				served. 22M.R.S.A. Sec.328(1).
2.
				AMBULATORY SURGICAL FACILITY means a facility, not part of a hospital, that
				provides surgical treatment to patients not requiring hospitalization. This
				term does not include the offices of private physicians or dentists, whether in
				individual or group practice. 22 M.R.S.A. Sec.328(2).
3. ANNUAL OPERATING COSTS for purposes of
				section 328, subsection 17-A, paragraph B, means the total incremental costs to
				the institution that are directly attributable to the addition of a new health
				service.
4. APPROPRIATELY
				CAPITALIZED EXPENDITURES means those expenditures that would be capitalized if
				the project were implemented.
5.
				BED CAPACITY means the licensed capacity of a health care facility.
6. BED COMPLEMENT means the total number of
				beds that are normally available for inpatient use. These are beds that are set
				up and staffed irrespective of any basic standards regarding the number of
				beds, but excludes beds in corridors and in other non-adaptable areas, labor,
				holding, emergency, anesthesia and recovery rooms.
7. CAPITAL EXPENDITURE means an expenditure,
				including a force account expenditure or predevelopment activities, that under
				generally accepted accounting principles is not properly chargeable as an
				expense of operation and maintenance and, for the purposes of this chapter,
				includes capitalized interest on borrowed funds and the fair market value of
				any property or equipment that is acquired under lease or comparable
				arrangement or by donation. 22 M.R.S.A. Sec.328(3). "Capital expenditure"
				includes but is not limited to organizational costs associated with a project
				such as legal fees related to the capital expenditure and regulatory approvals
				and costs associated with education, training, etc.
8. RESERVED
9. COMMENCED/COMMENCEMENT. A project shall be
				considered to have "commenced" when:
A. for
				the purpose or leasing of equipment, buildings, existing health care
				facilities, or land; the sale or lease has been consummated and the buyer or
				lessor is in possession and the property is being used for the purpose
				described in the application for which the Certificate of Need was
				issued,
B. for the new construction
				of a health care facility, part thereof, or associated structure; all
				predevelopment activity necessary to meet the remaining elements of this
				provision has been completed, the site has been cleared, the foundation has
				been fully laid and at least 50% of the approved capital expenditure has been
				obligated, except for projects with approved capital expenditures in excess of
				$10 million where at least 50% of the portion of the total capital expenditure
				which was originally forecast to be completed during the 12 months following
				the issuance of the Certificate of Need, or any extension thereto, must be
				obligated,
C. for predevelopment
				activities, all such activities to be completed are fully obligated and such
				obligation requires that they be completed within the following six
				months,
D. for modification of a
				health care facility not adequately covered by the above-listed requirements;
				all predevelopment activity necessary to meet the remaining elements of this
				provision has been completed and at least 50% of the approved capital
				expenditure has been obligated,
E.
				for new health services; the service is fully operational,
F. for termination of a health service; the
				service has been terminated and all approved capital expenditures have been
				obligated,
G. for changes in bed
				complement; the change has been completed.
H. for all projects, when the Department or
				the holder is defending litigation relative to the issuance of a Certificate of
				Need, provided that the litigation is not initiated by the holder and the
				holder is making a good faith effort to meet the timetable for making the
				service or equipment available or for completing the project specified in the
				approved application.