reglab/statecodes huggingface dataset:
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 7 - REVIEW PROCESS › Section 144-503-7-1 - Type of Review/Notification of Applicant

Current through 2024-29, July 17, 2024
A. Upon certification that an application is
				  complete, the Department shall so notify the applicant in writing.
B. Such notice shall state the effective date
				  of the beginning of the review and the expected date of the Department's
				  decision, which, to the extent practicable, shall be no more than ninety (90)
				  calendar days after the date of the beginning of the review.
C. The review process consists of an
				  evaluation of the project application(s) for a Certificate of Need by the
				  Department in light of:
1 The application
				  itself;
2 Material collected or
				  developed by or for the Department staff to test the assertions in the
				  application;
3 All comments
				  received by any person regarding the project; and
4 Any other material made part of the record.
				  22 M.R.S.A Sec.339(1).
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 7 - REVIEW PROCESS › Section 144-503-7-2 - RESERVED

Current through 2024-29, July 17, 2024
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 7 - REVIEW PROCESS › Section 144-503-7-3 - RESERVED

Current through 2024-29, July 17, 2024
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 7 - REVIEW PROCESS › Section 144-503-7-4 - Public hearing

Current through 2024-29, July 17, 2024
The following provisions apply to a public hearing:
A. The Commissioner or the Commissioner's
				  designee may hold a public hearing regarding the application.
B. The Commissioner, or the Commissioner's
				  designee, shall hold a public hearing if 5persons residing or located within
				  the health service area to be served by the applicant request, in writing, that
				  such a public hearing be held and the request is received by the Commissioner
				  no later than 30 days following the informational meeting on the application
				  conducted pursuant to section 337, subsection 5.
C. An electronic or stenographic record of
				  the public hearing must be part of the record. 22 M.R.S.A Sec.339(2).
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 7 - REVIEW PROCESS › Section 144-503-7-5 - Preliminary staff analyses

Current through 2024-29, July 17, 2024
As soon as practicable, the Department staff shall provide
					 the preliminary analyses of the application and the record to the applicant,
					 the Commissioner and any person who requests the analyses and record. Notice of
					 the availability of the analyses must be published in a newspaper in general
					 circulation in Kennebec County and a newspaper of general circulation serving
					 the area in which the project is to be located and on the Department's publicly
					 accessible site on the Internet.
					  22 M.R.S.A
					 Sec.339(3).
A reasonable cost will be charged to any person requesting
					 the analyses and record to cover copying and postage charges.
Written comments may be received within the Department no
					 later than ten (10) days following publication of the availability of the
					 preliminary staff analyses.
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 7 - REVIEW PROCESS › Section 144-503-7-6 - Final Department staff analysis

Current through 2024-29, July 17, 2024
A final Department staff analysis must be submitted to the
					 Commissioner, together with the documentary record described in section 335,
					 subsection 2, as soon as practicable after the closing of the record.
					  22 M.R.S.A
					 Sec.339(4).
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 7 - REVIEW PROCESS › Section 144-503-7-7 - Reviews

Current through 2024-29, July 17, 2024
To the extent practicable, a review must be completed and
					 the Commissioner shall make a decision within 90 days after the application has
					 been certified as complete by the applicant. The Department shall establish
					 criteria for determining when it is not practicable to complete a review within
					 90 days. Whenever it is not practicable to complete a review within 90 days,
					 the Department may extend the review period for up to an additional 60 days.
					  22 M.R.S.A
					 Sec.339(5).
Criteria for determining when it is not practicable to
					 complete a review within 90 days include but are not limited to the
					 following:
A. Construction projects
				  involving capital expenditures in excess of five million dollars;
B. Proposed new health services not
				  previously offered or issued certificates of need in the State;
C. Letters of Intent or applications for the
				  same or similar projects;
D.
				  Proposals involving the construction, addition or replacement of more than 50
				  hospital beds; or
E. The revision
				  of an application during the course of the review.
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 7 - REVIEW PROCESS › Section 144-503-7-8 - Public Necessity

Current through 2024-29, July 17, 2024
The Department may delay action on an otherwise complete
					 application for up to 180 days from the time the application has been certified
					 as complete by the applicant if the Department finds that a public necessity
					 exists. The Department shall provide written notice of the delay to the
					 applicant and any other person who has requested in writing information
					 regarding the application. For purposes of this subsection, the Department
					 shall find that a public necessity exists if:
A. The application represents a new service
				  or technology not previously provided within the State;
B. The application represents a potential
				  significant impact on health care system costs;
C. The application represents a new service
				  or technology for which a health care system need has not been previously
				  established; or
D. There are
				  several applications for the same or similar projects before the Department. 22
				  M.R.S.A. Sec.339(6).
E. To the
				  extent practicable, the Department shall notify Persons Directly Affected by
				  the Review of its decision to delay action within 30 days after the application
				  being certified complete.
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 7 - REVIEW PROCESS › Section 144-503-7-9 - Simplified review and approval process

Current through 2024-29, July 17, 2024
Notwithstanding the requirements set forth in section 335,
					 the Department shall conduct a simplified review and approval process in
					 accordance with this section.
A.
Maintenance projects.
The Commissioner shall issue a Certificate
				  of Need for a project that primarily involves the maintenance of a health
				  facility if the Commissioner determines that the project:
1 Will result in no or a minimal additional
				  expense to the public or to the health care facility's clients;
2 Will be in compliance with other applicable
				  State and local laws and regulations; and
3 Will significantly improve or, in the
				  alternative, not significantly adversely affect the health and welfare of any
				  person currently being served by the health care facility.
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 7 - REVIEW PROCESS › Section 144-503-7-10 - Capital expenditures

Current through 2024-29, July 17, 2024
The Commissioner shall issue a Certificate of Need for a
					 proposed capital expenditure upon determining that:
A. The capital expenditure is required to
				  eliminate or prevent imminent safety hazards, as defined by applicable fire,
				  building or life safety codes and regulations; to comply with State licensure
				  standards; or to comply with accreditation or certification standards that must
				  be met to receive reimbursement under the United States Social Security Act,
				  Title XVIII or payments under a State plan for medical assistance approved
				  under Title XIX of that Act;
B. The
				  economic feasibility of the project is demonstrated in terms of its effects on
				  the operating budget of the applicant, including its existing rate
				  structure;
C. There remains a
				  public need for the service to be provided; and
D. The corrective action proposed by the
				  applicant is the most cost effective alternative available under the
				  circumstances. 22 M.R.S.A. Sec.336(4).
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 8 - APPROVAL: RECORD › Section 144-503-8-1 - Basis for decision

Current through 2024-29, July 17, 2024
Based solely on a review of the record maintained under
					 subsection
					 6 (
					  22M.R.S.A.
					 Sec.335(6) ), the
					 Commissioner shall approve an application for a Certificate of Need if the
					 Commissioner determines that the project:
A. Meets the conditions set forth in
				  subsection 7 ( 22 M.R.S.A. Sec.335(7) );
B. Is consistent with the State Health
				  Plan;
C. Ensures high-quality
				  outcomes and does not negatively affect the quality of care delivered by
				  existing service providers; and
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.
1-AReview.
The Commissioner shall review
					 applications periodically on a competitive basis. 22M.R.S.A.
					 Sec.335(2).
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 8 - APPROVAL: RECORD › Section 144-503-8-2 - Communications

Current through 2024-29, July 17, 2024
Except as otherwise provided in this Act, only a person who
					 is a full-time employee of the Department with responsibilities for the
					 Certificate of Need program, a consultant to the project or a policy expert
					 pursuant to section 338 may communicate with the Commissioner regarding any
					 application for a Certificate of Need or any Letter of Intent. Nothing in this
					 section limits the authority and obligation of the staff of the Department with
					 responsibility for the Certificate of Need program to meet with, or otherwise
					 communicate with, any person who is not a Department employee and who wants to
					 provide information to be considered in connection with an application for a
					 Certificate of Need.
					  22 M.R.S.A.
					 Sec.335(2).
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 8 - APPROVAL: RECORD › Section 144-503-8-3 - Limited communications

Current through 2024-29, July 17, 2024
A person who is not a Department employee may not
					 communicate with any Department staff regarding the merits of a Certificate of
					 Need application except for the purpose of placing that person's views in the
					 application record. All communications with Department staff responsible for
					 the Certificate of Need program from any person, who is not a Department
					 employee, that the Department staff reasonably believes is intended to
					 influence the analyses relating to or the decision regarding any application
					 for Certificate of Need must be noted by that Department staff and that
					 notation must be made part of the application record.
					  22 M.R.S.A.
					 Sec.335(3).For purposes of
					 this section, Department employees with responsibilities for the Certificate of
					 Need program include but are not limited to employees of the Certificate of
					 Need Unit and the Maine Center for Disease Control and Prevention. This section
					 shall not prohibit communication with the Certificate of Need Unit solely for
					 the purpose of arranging a public informational meeting or public hearing as
					 described in Chapters 6 and 7.
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 8 - APPROVAL: RECORD › Section 144-503-8-4 - Decision

Current through 2024-29, July 17, 2024
The Commissioner's determination must be in writing and
					 must contain appropriate references to the record. If the application is
					 denied, the decision must specifically address comments received and made part
					 of the record that favor granting the application. If the application is
					 approved, the decision must specifically address comments received and made
					 part of the record that favor denial of the application.
					  22 M.R.S.A.
					 Sec.335(4).
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 8 - APPROVAL: RECORD › Section 144-503-8-5 - Record

Current through 2024-29, July 17, 2024
The record created by the Department in the course of its
					 review of an application must contain the following:
A. The application and all other materials
				  submitted by the applicant for the purpose of making those documents part of
				  the record;
B. All information
				  generated by or for the Department in the course of gathering material to
				  assist the Commissioner in determining whether the conditions for granting an
				  application for a Certificate of Need have or have not been met. This
				  information may include, without limitation, the report of consultants,
				  including reports by panels of experts assembled by the Department to advise it
				  on the application, memoranda of meetings or conversations with any person
				  interested in commenting on the application, letters, memoranda and documents
				  from other interested agencies and offices of State Government, memoranda
				  describing officially noticed facts and any information supplied by Maine
				  Health Data Organization;
C.
				  Stenographic or electronic recordings of any public hearing held by the
				  Commissioner or the staff of the Department at the direction of the
				  Commissioner regarding the application;
D. Stenographic or electronic recording of
				  any public informational meeting held by the Department pursuant to section
				  337, subsection 5;
E. Any documents
				  submitted by any person for the purpose of making those documents part of the
				  record regarding any application for a Certificate of Need or for the purpose
				  of influencing the outcome of any analyses or decisions regarding an
				  application for Certificate of Need, except documents that have been submitted
				  anonymously. Such source-identified documents automatically become part of the
				  record upon receipt by the Department;
F. Preliminary and final analyses of the
				  record prepared by the staff; and
G. Written assessments by the Director of the
				  Maine Center for Disease Control and Prevention and the Superintendent of
				  Insurance assessing the impact of the application on the health care system or
				  cost of health insurance in the State. 22 M.R.S.A. Sec.335(5).
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 8 - APPROVAL: RECORD › Section 144-503-8-6 - Maintenance of the record

Current through 2024-29, July 17, 2024
The record created pursuant to subsection
					 5 first opens on the day the
					 Department publishes its notice that an application for a Certificate of Need
					 has been filed. From that day, all of the record is a public record under the
					 Maine Freedom of Access Act
,
and any person may examine that
					 record and purchase copies of any or all of that record during the normal
					 business hours of the Department.
The record is closed 10 days after a public notice of the
					 closing of the record has been published in a newspaper of general circulation
					 in Kennebec County, in a newspaper published within the service area of the
					 project and on the Department's publicly accessible site on the Internet, as
					 long as such notice is not published until after the preliminary staff analysis
					 of the application is made part of the record.
					  22 M.R.S.A.
					 Sec.335(6).
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 8 - APPROVAL: RECORD › Section 144-503-8-7 - Conditional approvals

Current through 2024-29, July 17, 2024
The Commissioner may grant an application subject to
					 conditions that relate to the criteria for approval of the application.
					  22 M.R.S.A.
					 Sec.335(8).
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 8 - APPROVAL: RECORD › Section 144-503-8-8 - Emergency Certificate of Need

Current through 2024-29, July 17, 2024
Upon the written or oral request of an applicant, the
					 Department shall immediately determine whether an emergency situation exists
					 and upon finding that an emergency situation does exist shall issue a
					 Certificate of Need for a project necessary on account of the emergency
					 situation. The scope of the Certificate of Need may not exceed that which is
					 necessary to remedy or otherwise effectively address the emergency situation.
					 The Certificate of Need may be subject to conditions consistent with the
					 purpose of this Act that do not interfere with the applicant's ability to
					 respond effectively to the emergency.
The Commissioner shall find an emergency situation exists
					 whenever the Commissioner finds that an applicant has demonstrated:
A. The necessity for immediate or temporary
				  relief due to a natural disaster, a fire, an unforeseen safety consideration, a
				  major accident, equipment failure, foreclosure, receivership or an action of
				  the Department or other circumstances determined appropriate by the
				  Department;
B. The serious adverse
				  effect of delay on the applicant and the community that would be occasioned by
				  compliance with the regular requirements of this chapter and the rules adopted
				  by the Department; and
C. The lack
				  of substantial change in the facility or services that existed before the
				  emergency situation. 22 M.R.S.A. Sec.335(9).
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 9 - CONSULTATION › Section 144-503-9-1 - Consultation on new technologies and needs

Current through 2024-29, July 17, 2024
In connection with the development of policies and
					 procedures to implement this Act, the Commissioner may 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;
B. Unmet need for health care services in the
				  State; and
C. The quality of health
				  care. 22 M.R.S.A. Sec.338.
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 10 - PRINCIPLES GOVERNING REVIEWS › Section 144-503-10-1 - Determinations Required

Current through 2024-29, July 17, 2024
Except as provided in section 336, the Commissioner shall
					 issue a Certificate of Need if the Commissioner determines and makes specific
					 written findings regarding that determination that:
A. That the applicant is fit, willing and
				  able to provide the proposed services at the proper standard of care as
				  demonstrated by, among other factors, whether the quality of any health care
				  provided in the past by the applicant or a related party under the applicant's
				  control meets industry standards;
B. The economic feasibility of the proposed
				  services is demonstrated in terms of:
1
				  Capacity of the applicant to support the project financially over its useful
				  life, in light of the rates the applicant expects to be able to charge for the
				  services to be provided by the project; and
2 Applicant's ability to establish and
				  operate the project in accordance with existing and reasonably anticipated
				  future changes in federal, State and local licensure and other applicable or
				  potentially applicable rules;
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 11 - SCOPE OF CERTIFICATES OF NEED ISSUED › Section 144-503-11-1 - Application determinative

Current through 2024-29, July 17, 2024
A Certificate of Need is valid only for the defined scope,
					 premises and facility or person named in the application and is not
					 transferable or assignable.
					  22 M.R.S.A.
					 Sec.346(1).
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 11 - SCOPE OF CERTIFICATES OF NEED ISSUED › Section 144-503-11-2 - Maximum expenditure

Current through 2024-29, July 17, 2024
In issuing a Certificate of Need, the Department shall
					 specify the maximum capital expenditures that may be obligated under this
					 certificate. The Department shall adopt rules regarding the determination of
					 capital expenditure maximums, procedures to monitor capital expenditures
					 obligated under certificates and procedures to review projects for which the
					 capital expenditure maximum is exceeded or expected to be exceeded.
					  22 M.R.S.A.
					 Sec.346(2).
The allowable maximum capital expenditure for any project
					 involving a capital expenditure shall be the amount approved by the Department,
					 plus 5%. The amount shall not exceed $1,000,000 unless approved by the
					 Department.
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 11 - SCOPE OF CERTIFICATES OF NEED ISSUED › Section 144-503-11-3 - Periodic review

Current through 2024-29, July 17, 2024
After the issuance of a Certificate of Need, the Department
					 shall periodically review the progress of the holder of the certificate in
					 meeting the timetable for making the service or equipment available or for
					 completing the project specified in the approved application. A Certificate of
					 Need expires if the project for which the certificate has been issued is not
					 commenced within 12 months following the issuance of the certificate. The
					 Department may grant an extension of a certificate for an additional specified
					 time not to exceed 12 months if good cause is shown why the project has not
					 commenced. The Department may require evidence of the continuing feasibility
					 and availability of financing for a project as a condition for extending the
					 life of the certificate. In addition if on the basis of its periodic review of
					 progress under the certificate, the Department determines that the holder of a
					 certificate is not otherwise meeting the timetable and is not making a good
					 faith effort to meet it, the Department may, after a hearing, withdraw the
					 Certificate of Need. The applicant shall issue to the Department periodic
					 reports as designated in the Certificate of Need approval notification on the
					 impact of the service on the health status, quality of care and health outcomes
					 of the population served. These reports may not be in less than 12-month
					 intervals following the start of service approved in the Certificate of Need,
					 and shall be required for a minimum of 3 years. The Department shall adopt
					 rules for the withdrawal of Certificates of Need.
					  22 M.R.S.A.
					 Sec.346(3).
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 12 - DEPARTMENTAL RECONSIDERATION › Section 144-503-12-1 - Timing for request

Current through 2024-29, July 17, 2024
A request for hearing for reconsideration must be received
					 within 30 days of the Department's decision.
					  22 M.R.S.A.
					 Sec.340(1).
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 12 - DEPARTMENTAL RECONSIDERATION › Section 144-503-12-2 - Petition for Reconsideration

Current through 2024-29, July 17, 2024
A person submitting a request for a hearing for
					 reconsideration must submit all material relevant to the determination of
					 whether a hearing should be held, including any supporting documentation, in a
					 single, all inclusive, petition filed within 30 days of the Department's
					 decision. Material received after the receipt of the single petition will not
					 be considered in determining whether to hold a hearing. If the Department
					 determines that good cause for a hearing has been demonstrated, it shall
					 commence its hearing within 30 days of receipt of the petition requesting a
					 hearing.
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 12 - DEPARTMENTAL RECONSIDERATION › Section 144-503-12-3 - Hearing

Current through 2024-29, July 17, 2024
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 the 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;
B. Demonstrates that there have been
				  significant changes in factors or circumstances relied upon by the Department
				  in reaching its decision;
C.
				  Demonstrates that the Department has materially failed to follow its adopted
				  procedures in reaching its decision; or
D. Provides other bases for a hearing that
				  the Department has determined constitute good cause. 22 M.R.S.A.
				  Sec.340(2).
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 12 - DEPARTMENTAL RECONSIDERATION › Section 144-503-12-4 - Conduct of Hearing

Current through 2024-29, July 17, 2024
Such hearing shall be held in accordance with Title 5,
					 Chapter 375, Subchapter IV of the Administrative Procedure Act. The scope of
					 the hearing shall be limited to the issue(s) that the Department determines
					 constitute good cause for the purpose of commencing the hearing. After the
					 close of the hearing, the hearing officer shall promptly forward the hearing
					 record to the Commissioner for the Commissioner's consideration in rendering a
					 decision.
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 12 - DEPARTMENTAL RECONSIDERATION › Section 144-503-12-5 - Decision

Current through 2024-29, July 17, 2024
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.
					  22 M.R.S.A.
					 Sec.340(3).
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 13 - JUDICIAL REVIEW › Section 144-503-13-1 - Remedy

Current through 2024-29, July 17, 2024
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.
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 13 - JUDICIAL REVIEW › Section 144-503-13-2 - Finality

Current through 2024-29, July 17, 2024
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. 22-M.R.S.A.
					 Sec. 341(1).
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 14 - IMPLEMENTATION REPORTS › Section 144-503-14-1 - Final plans and specifications

Current through 2024-29, July 17, 2024
A holder of a Certificate of Need that has been issued for
					 the construction or modification of a facility or portion of a facility shall
					 file final plans and specifications for the project as required by the
					 Department to determine that the plans and specifications are in compliance
					 with the Certificate of Need and with applicable licensure, life safety code
					 and accreditation standards.
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 14 - IMPLEMENTATION REPORTS › Section 144-503-14-2 - Periodic reports

Current through 2024-29, July 17, 2024
Periodic reports must be filed at the end of each 6-month
					 period following the issuance of a Certificate of Need under section 335,
					 subsection 7 or section 336 regarding implementation activities, obligations
					 incurred and expenditures made and any other matters as the Department may
					 require.
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 14 - IMPLEMENTATION REPORTS › Section 144-503-14-3 - Summary reports

Current through 2024-29, July 17, 2024
A summary report must be made when the service or services
					 for which a Certificate of Need was issued becomes
					 operational.
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 14 - IMPLEMENTATION REPORTS › Section 144-503-14-4 - Cost and utilization reports

Current through 2024-29, July 17, 2024
For a period of one year following the implementation of
					 the service or services for which the Certificate of Need was granted, the
					 holder of the Certificate of Need shall file, at 6-month intervals, reports
					 concerning the costs and utilization.
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 14 - IMPLEMENTATION REPORTS › Section 144-503-14-5 - Department action

Current through 2024-29, July 17, 2024
The Department may revoke any Certificate of Need the
					 Department has issued when the person to whom it has been issued fails to file
					 reports or plans and specifications required by this section on a timely basis.
					 The Department shall review services that fall below the required volume and
					 quality standards of a Certificate of Need.
					  22 M.R.S.A.
					 Sec.350-C(1)-(5)
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 15 - OTHER PROVISIONS › Section 144-503-15-1 - Conflict of Interest

Current through 2024-29, July 17, 2024
In addition to the limitations of Title 5, section 18, a
					 member or employee of the Department who has a substantial economic or
					 fiduciary interest that would be affected by a recommendation or decision to
					 issue or deny a Certificate of Need or who has a close relative or economic
					 associate whose interest would be so affected is ineligible to participate in
					 the review, recommendation or decision-making process with respect to any
					 application for which the conflict of interest exists.
					  22 M.R.S.A.
					 Sec.344.
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 15 - OTHER PROVISIONS › Section 144-503-15-2 - Public Information

Current through 2024-29, July 17, 2024
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. 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.
					  22 M.R.S.A.
					 Sec.343.
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 15 - OTHER PROVISIONS › Section 144-503-15-3 - Cost-of-living adjustment

Current through 2024-29, July 17, 2024
Every 2 years, beginning January 1, 2005, the Department
					 shall review the monetary figures contained in this chapter. The Department
					 shall revise those figures to correspond to changes in the Consumer Price Index
					 medical index by adopting rules setting the new figures.
					  22 M.R.S.A.
					 Sec.350-A.
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 15 - OTHER PROVISIONS › Section 144-503-15-4 - Federal funding

Current through 2024-29, July 17, 2024
The Department is authorized to accept any federal funds to
					 be used for the purposes of carrying out this chapter.
					  22 M.R.S.A.
					 Sec.350-B.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 504 - RULE TO IMPLEMENT 1985 MAINE MEDICAL COMPACT ACT AND OSTEOPATHIC STUDENT LOAN PROGRAM › Section 144-504-2 - Procedures

Current through 2024-29, July 17, 2024
No later than June I of each year, beginning in 1987, the
				  Commissioner of Human Services shall designate underserved areas. Such areas
				  shall be those Primary Care Analysis Areas, population group specialty areas,
				  or service areas which meet the criteria for underservice defined below in
				  Section
				  3. Federally designated health
				  manpower shortage areas and medically underserved areas will automatically
				  become state designated. The designations for underservice shall be in effect
				  for one year from the date of designation.
The Commissioner of Human Services, in making such
				  designations, shall utilize the Department's Cooperative Health Manpower
				  Resource Inventories, the Primary Care Analysis Areas as defined in the most
				  recent State Health Plan for Maine, the most current population estimates
				  prepared by the State Planning Office or the Office of Health Planning and
				  Development, and such other information as may be available and
				  appropriate.
Before designating underserved areas, the Commissioner of
				  Human Services will provide au opportunity for the Advisory Committee on
				  Medical Education to review and comment on the list of areas be proposes to
				  designate.
The number of physicians who any establish practices in the
				  same underserved area in any one year to be eligible for forgiveness of their
				  obligations will be limited to the number that is required to achieve a
				  population to primary care physician ratio of less than 2000:1. In making his
				  designations of underserved areas, the Commissioner will count, as part of the
				  total number of primary care providers in an area, those primary care
				  practitioners who were contract students and who established practices in those
				  areas to have their loans forgiven under this Act. Those practitioners will
				  continue to be eligible for forgiveness if they continue to practice in an area
				  that was designated as underserved when they established their practice,
				  regardless of whether or not the area is designated as an underserved area in
				  subsequent years.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 504 - RULE TO IMPLEMENT 1985 MAINE MEDICAL COMPACT ACT AND OSTEOPATHIC STUDENT LOAN PROGRAM › Section 144-504-3 - Criteria

Current through 2024-29, July 17, 2024
A. The Commissioner of Human Services will
				designate a Primary Care Analysis Area as underserved if: 1) it has a
				population to primary care physician ratio of 3000 or morel; and, 2) contiguous
				area primary care resources are overutilized and/or are in excess of 15 miles
				travel by secondary roads or 20 miles by primary roads or 25 miles by turnpike
				or interstate highway.
B. The
				Commissioner of Human Services may designate a Primary Care Analysis Area as
				underserved if it has a population to primary care physician ratio of between
				2,000 and 2,999:1, if, in his judgment, other factors indicate the likelihood
				of the area's population being underserved and contiguous area primary care
				resources being overutilized and/or excessively distant as defined in 3.A.2
				above. Such factors will include but are not limited to:
1. Insufficient capacity of the Area's
				existing primary care providers to serve the area's population. Insufficient
				capacity as determined by the Department say be indicated by any of the
				following:
a Unusually long waits for
				appointments for routine medical services (i.e., more than 7 days for
				established patients and 14 days for new patients);
b Excessive average waiting time at primary
				care providers (longer than out hour where patients have appointments or two
				hours where patients are treated on a first-come, first-served
				basis);
c Evidence of excessive use
				of emergency room facilities for routine primary care;
d A substantial proportion (2/3 or more) of
				the area's physicians do not accept new patients;
e A substantial proportion (213 or more) of
				the area's physicians do, not accept Medicaid patients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 505 - APPROPRIATENESS REVIEW PROCEDURES AND CRITERIA › Section 144-505-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. The term "institutional health services"
				means health services which are provided in or through health care facilities
				(as defined in E. below) or health maintenance organizations (as defined in F.
				below) and entail annual operating costs of at least $75,000 for the 12 month
				period beginning October 1, 1979 or, in any 12 month period thereafter, the
				figure in effect for the preceding 12 month period in an index specified by the
				Secretary of the Department of Health and Human Services.
B. The term "existing institutional health
				services" or "services" means institutional health services:
1. being offered in the health service area
				at the time of review for appropriateness, or
2. offered at any time in the 12 months prior
				to the review and also planned to be offered at any time in the 12 months
				following the review, or
3. which
				will be offered during the 12 months following the review.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 505 - APPROPRIATENESS REVIEW PROCEDURES AND CRITERIA › Section 144-505-4 - PROCEDURES

Current through 2024-29, July 17, 2024
A. Written Notification of the Beginning of a
				Review.
1. The Department shall provide
				notice of the beginning of its review of each existing institutional health
				service. Such notice shall be provided not later than the date on which it is
				scheduled to commence its review of such existing institutional health service
				and will contain the following information:
a. an identification of the specific service
				to be reviewed;
b. an
				identification of the schedule for the initiation and completion of the
				Department's review of that service;
c. an indication of the manner in which
				interested and affected persons may participate in the Department's review
				activities.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 506 - RULES FOR IMPLEMENTING THE 1985 AMENDMENTS TO THE MAINE MEDICAL COMPACT ACT (DENTAL CARE) › Section 144-506-1 - Definitions The following words and phrases shall have the following meanings

Current through 2024-29, July 17, 2024
a. Dental
				Practitioner - is a licensed dentist whose practice assumes responsibility for
				providing general dental-care services to the total population, regardless of
				age.
b. Dental Care Analysis Areas
				(DCAAs) - are the geographic base units utilized to assess the availability of
				and to measure the need for additional dental practitioners. There are 45 DCAAs
				that were developed by the Maine Department of Human Services, Bureau of Health
				and Office of Health Planning and Development, the Maine Dental Association and
				the Maine Health Systems Agency in 1981. These areas are identified in the most
				recent edition of the State Health Plan for Maine.
c. Underserved Geographic Area - is a DCAA
				that has an inadequate number of full-time-equivalent dental practitioners to
				meet the dental needs of the population as determined by application of the
				criteria stated below in Section 3 of this rule.
d. Full-Time-Equivalent Dentist - is a
				general dental practitioner who provides patient care an average of forty hours
				per week. For dentists who provide patient care for fewer than forty hours per
				week, every four hours spent in providing patient care will be counted as 0.1
				full-time-equivalent.
An age adjustment factor is also utilized in determining the
				  full-time-equivalency of the dentist. The equivalency weights are as
				  follows:
Equivalency Weights
Age
Under
						  55
55-59
60-64
65+
Equiv.
						  Weights
1.2
0.9
0.8
0.6
e.
				Population to Dentist Ratio - is determined by dividing the population of a
				Dental Care Analysis Area by the number of full-time-equivalent dentists who
				practice within the area. The ratio for each Dental Care Analysis Area will be
				expressed as a number of people per one dentist (e.g., 3500:1).