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 1 - INTRODUCTION

Current through 2024-29, July 17, 2024
The One Hundred and Eighth Legislature found 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.
The One Hundred and Twentieth Legislature passed "An Act to
				  Strengthen the Certificate of Need Law," 22 M.R.S.A. c. 103-A Sec. 326,
et seq
., which became law on July 25, 2002.
The purposes of the Certificate of Need Act, stated at
				   22 M.R.S.A.
				  Sec.327, sub-Sec. 2, A-I, are to:
A. Support effective health
				planning;
B. Support the provision
				of quality health care in a manner that ensures access to cost-effective
				services;
C. Support reasonable
				choice in health care services while avoiding excessive duplication;
D. Ensure that State funds are used prudently
				in the provision of health care services;
E. Ensure public participation in the process
				of determining the array, distribution, quantity, quality and cost of these
				health care services;
F. Improve
				the availability of health care services throughout the State;
G. Support the development and availability
				of health care services regardless of the consumer's ability to pay;
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
I. Promote the development of primary and
				secondary preventive health care services.
To accomplish these purposes, the Act establishes a review
				  program whereby Certificates of Need may be issued for proposals falling within
				  clearly defined limits.
The Department of Health and Human Services has assigned
				  administrative responsibilities for the Certificate of Need program to the
				  following bureau. Inquiries may be directed to:
Director
Division of Licensing and Regulatory Services
Department of Health and Human Services
41 Anthony Ave.
11 State House Station
Augusta, Maine04333-0011
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, to the extent
				  applicable, take into consideration recommendations contained in the State
				  health plan, other Departmental publications, and research acquired through
				  consultation 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;
				and
B. Unmet need for health care
				services in the State.
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 defined by
				  Title 5, chapter 375, subchapter II-A. 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.342.
This Procedures Manual has been designed to:
1 Acquaint interested persons with the
				requirements of the Certificate of Need Act;
2 Detail the various steps encountered in the
				review process; and
3 Refer the
				user to any other relevant rules, regulations, standards, criteria or plans of
				the Department and other pertinent Sate offices.