reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-4 - REVIEW PROCESS

Current through 2024-29, July 17, 2024
4.1
Review
				by Department
. The department shall review and evaluate the COPA
				application in accordance with the standards set forth in these rules. See
				 22 M.R.S.A.
				§1844(4)(A).
4.2
Standard for Approval: Benefits
				Outweigh Disadvantages.
The department shall issue a certificate for a
				cooperative agreement if it determines that the applicants have demonstrated by
				a preponderance of the evidence that the likely benefits resulting from the
				agreement outweigh any disadvantages attributable to a reduction in competition
				likely to result from the cooperative agreement. See
				 22 M.R.S.A.
				§1844(5).
4.3
Potential Benefits Evaluated.
In evaluating the potential benefits of a cooperative agreement, the
				department shall consider whether one or more of the following benefits are
				likely to result from the cooperative agreement:
4.3.1 Enhancement of the quality of care
				provided to citizens of the State;
4.3.2 Preservation of hospitals or other
				healthcare providers and related facilities in geographical proximity to the
				communities traditionally served by those facilities;
4.3.3 Gains in the cost efficiency of
				services provided by the hospitals or other healthcare providers;
4.3.4 Improvements in the utilization of
				hospital or other healthcare resources and equipment;
4.3.5 Avoidance of duplication of hospital or
				other healthcare resources; and
4.3.6 Continuation or establishment of needed
				educational programs for healthcare providers. See
				 22 M.R.S.A.
				§1844(5)(A).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-5 - DEPARTMENT DECISION

Current through 2024-29, July 17, 2024
5.1
Decision
				Based on Record.
The department's decision shall be based on the record.
5.1.1
Record.
The record
				includes the application for a certificate and all accompanying materials filed
				by the applicant, public comments, documents received by or created by the
				department with regard to the COPA application, and the letter of intent and
				related documents, if applicable. See
				 22 M.R.S.A.
				§1844(2).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-6 - CONTINUING SUPERVISION

Current through 2024-29, July 17, 2024
6.1
Continuing Supervision.
The department's continuing supervision of
				certificate holders may consist of periodic reports, supervisory reviews and
				additional supervisory activities. See
				 22 M.R.S.A.
				§1845.
6.2
Six-Month Reports.
Unless
				otherwise directed in the issued certificate, certificate holders must submit a
				written report every six months, after the date the certificate is issued, to
				the department's Division of Licensing and Regulatory Services on the extent of
				the benefits realized and compliance with other terms and conditions of the
				issued certificate. The report shall be submitted on department-approved forms
				and contain all required documentation.
6.2.1
Copies of Reports.
Certificate holders must submit copies of the
				report and all accompanying materials to the Office of the Attorney General and
				the Governor's Office of Health Policy and Finance or its successor at the time
				the report is filed with the department's Division of Licensing and Regulatory
				Services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-7 - ENFORCEMENT PROCEDURES

Current through 2024-29, July 17, 2024
7.1
Enforcement.
The department or the Attorney General is authorized to
				impose one or more of the following enforcement actions or any other actions
				authorized by law.
7.2
Enforcement of Final Department Action.
The Attorney General may file an
				action in Superior Court to enforce any final action taken by the department
				regarding COPA application proceedings, or as a result of additional
				supervisory proceedings. See
				 22 M.R.S.A.
				Sections1844(7) and
				1845(5).
7.3
Investigative Powers.
The
				Attorney General, at any time after an application or letter of intent is
				filed, may require by subpoena the attendance and testimony of witnesses and
				the production of documents in Kennebec County, or the county in which the
				applicants are located, for the purpose of investigating whether the
				cooperative agreement satisfies the standards set forth in these rules.
7.3.1 All documents produced and testimony
				given to the Attorney General are confidential.
7.3.2 The Attorney General may seek an order
				from the Superior Court compelling compliance with a subpoena issued under
				Section 7.3 of these rules. See
				 22 M.R.S.A.
				§1848(1).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 501 - MAINE CERTIFICATE OF NEED ACT LIMITATION (PURSUANT TO 22 MRSA, SEC 342) › Section 144-501-1

Current through 2024-29, July 17, 2024
Except as provided in Section
				  2, the Department of Human Services
				  (the "Department") shall not accept any letter of intent relating to a proposed
				  expenditure or action requiring a certificate of need under the Maine
				  Certificate of Need Act of 2002 (the "Act") from August 3, 2003 through May 4,
				  2004.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 501 - MAINE CERTIFICATE OF NEED ACT LIMITATION (PURSUANT TO 22 MRSA, SEC 342) › Section 144-501-2

Current through 2024-29, July 17, 2024
Section
				  1 shall not apply to:
a An emergency certificate of need pursuant
				to 22 MRSA Section335(9) (Emergency Certificate of Need);
b A request for a certificate of need related
				to a nursing facility, as the term "nursing facility" is defined in 22 MRSA
				Section328(18);
c A certificate of
				need pursuant to 22 MRSA Section336 (Simplified Review and Approval Process);
				or
d A request for a determination
				by the Department that a proposed expenditure or action does not require a
				certificate of need under the Act.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter I - INTRODUCTION

Current through 2024-29, July 17, 2024
The Office of the Governor and State of Maine's One-Hundred
				  & Fourteenth (114th) Legislature found that over 130,000 people in Maine
				  lacked health insurance. Considerably more people faced other barriers to
				  access to health care. In an effort to meet this unmet need, the Governor an
				  the Legislature designed programs to improve access to health care for persons
				  who are currently inadequately cared for. The program which provides coverage
				  of health care costs will lessen the burden on 3rd party payers of health care
				  costs caused by bad debt and charity care. Consequently the Legislature passed
				  and the Governor signed, 22 MRSA SS 3190 entitled Community Health Program
				  Grants which became law on July 12, 1989.
The Community Health Program was created to expand available
				  health and medical resources to local community programs while encouraging
				  development of efficient care for low-income persons.. The grants will be
				  awarded to local health care providers or new organizations where existing
				  providers are unwilling or unable to participate, who demonstrate the capacity
				  to provide an organized system of primary care. Grants may be made for health
				  promotion and health education programs when an applicant can demonstrate an
				  ability to coordinate services and programmatic efforts with local primary care
				  providers and provide a plan for follow-up care for their consumers.
Grant awards will be for a one (1) year period. The
				  legislature has authorized the awarding of $900 grants has been awarded April
				  1991 rule changes. The Department of Human Services has assigned administrative
				  responsibilities for the Community Health Program grants to the Office of
				  Planning, Research and Development (OPRD). The Division of Program Analysis and
				  Development (DPAD), a division of OPRD, will be responsible for the
				  administration of the Community Health Program grants (CHP grants). All grants
				  awarded will be governed by the policies contained herein and/or as issued by
				  the Department.
Inquiries may be directed to:
Director, Division of Program Analysis &
				  Development
Office of Planning, Research and Development
35 Anthony Avenue
Department of Human Services
11 State House Station
Augusta Maine 04333
Telephones (207) 626-5424
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 2 - PURPOSE OF MANUAL

Current through 2024-29, July 17, 2024
This manual has been developed to provide a reasonable
				  standard of conduct in the purchase and administration of all services
				  supported by state funds for this program.
This manual will also assist the grant recipients with
				  administrative guidelines and important recipient reporting requirements and
				  dates, which may be relevant to the continuance of the recipient's
				  award.
A glossary of terms applicable to health care is also
				  included as appendix S.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 3 - MANUAL STRUCTURE

Current through 2024-29, July 17, 2024
This manual is structured so that continual updates may be
				  provided. All pages have been Printed on loose-leaf sheets in order to make
				  updated page replacements simple.
Further, the manual is organized by chapter and page. Each
				  new section within a chapter begins on a new page which also facilitates
				  updated page replacement.
Throughout the duration of the Community Health Program
				  grant, the Division of Program Analysis and Development may provide the
				  recipients with updates and additional grant related date.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 4 - ELIGIBILITY › Section 144-502-4-I - PRIMARY CARE GRANTEES

Current through 2024-29, July 17, 2024
The grantee must also meet all of the following
					 criteria:
A. Arrangements for services
				  24 hours a day, 7 days a week;
B.
				  Full hospital privileges for all Primary care physicians or arrangements to
				  refer patients for inpatient hospital care and specialist services.
				  Arrangements must be in writing or the provider must be able to demonstrate
				  that patients are being accepted and treated;
C. Provisions for follow-up care from the
				  hospital or specialist to the patients primary care provider;
D. Access to ancillary services including
				  laboratory, pharmacy and radiology;
E. Linkage to the Women, Infant and Children
				  Special Supplemental Food Program (WIC), nutritional counseling, social and
				  other support services;
F.
				  Acceptance without limits of Medicaid and Maine Health Program patients and
				  uninsured persons, including public notice of appropriate sliding fee
				  scales;
G. A medical record system
				  with arrangements for the transfer of records to the hospital, the specialist
				  and their return to the primary care physician;
H. Quality assurance mechanisms to evaluate
				  the Quality and appropriateness of patient care; and
I. Evidence of community-wide input into the
				  design and provision of health services to be funded by the grant (such as
				  community based councils, Public meetings, etc.)
J. Assurance that access will be provided for
				  pregnant and parenting teens if providing prenatal care services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 4 - ELIGIBILITY › Section 144-502-4-II - HEALTH PROMOTION AND EDUCATION GRANTEES

Current through 2024-29, July 17, 2024
To qualify for a health promotion and health education
					 grant an eligible grantee must demonstrate an ability to coordinate services
					 and programmatic efforts with local primary care providers and provide a plan
					 for follow-up care for their consumers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 4 - ELIGIBILITY › Section 144-502-4-III - APPLICANT QUALIFICATIONS (20)

Current through 2024-29, July 17, 2024
A. Arrangements
				  for services 24 hours a day, 7 days a week.
B. Full hospital privileges for all primary
				  care physicians or arrangements to refer patients for inpatient hospital care
				  and specialist services. Arrangements must be in writing or the provider must
				  be able to demonstrate that patients are being accepted and treated.
C. Provisions for follow-up dare from the
				  hospital or specialist to the patients primary care provider.-
D. Access to ancillary services including
				  laboratory, pharmacy and radiology;
E. Linkage to the Women, Infant and Children
				  Special Supplemental Food Program (WIC);
F. Acceptance without limits of Medicaid and
				  Maine Health Program patients and uninsured persons including public notice of
				  appropriate sliding fee scales;
G.
				  A medical record system with arrangements for the transfer of records to the
				  hospital, the specialist and their return to the primary care
				  physician;
H. Quality assurance
				  mechanisms to evaluate the quality and appropriateness of patient
				  care;
I. Evidence of community-wide
				  input into the design and provision of health services to be funded by the
				  grant (such as community based councils, public meetings, etc.
J. Assurance that access will be provided for
				  pregnant and parenting teens if providing for prenatal care services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 5 › Section 144-502-5-I - SELECTION CRITERIA

Current through 2024-29, July 17, 2024
A. Primary Care
				  Grantees
The selection of recipients shall be based on:
1. ASSESSMENT OF COMMUNITY NEEDS (40)
a Documented health status needs;
b Documented community financial
				  hardship;
c Evidence of problems of
				  access to health care
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 5 › Section 144-502-5-II - GRANT REVIEW COMMITTEE

Current through 2024-29, July 17, 2024
A Grant Review Committee shall be established to read,
					 evaluate and score each application. The Committee will be responsible for
					 recommending to the Commissioner, which grants should be approved.
The Grant Review Committee shall consist of three (3)
					 consumers, one of whom shall be chairperson in addition to three other members
					 as follows:
A one doctor
B two Department of Human Services
				  representatives
The Grant Review Committee shall follow the selection
					 criteria and guidelines as established and updated.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 6 - THE PROCESS

Current through 2024-29, July 17, 2024
The Department of Human Services recognizes the need for an
				  effective and expedient application process. In order to provide an expedient
				  systematic and fair process the following time tables will be followed as
				  closely as possible
Date: Technical Assistance Meetings
Date: Applications received by the Office of Planning
				  Research & Development by 5 p.m. Any applications received after this
				  deadline will be returned to the project sponsor.
Date: Applications forwarded to Grant Review
				  Committee.
Date: Review Committee Recommend award recipients to
				  Commissioner.
Date: Committee Recommendations announced.
Date: Deadline for appeals to be filed by denied
				  applicants
Date: Commissioner Finalizes Awards
Date: Awards made
Applicants should be aware that because of the need for an
				  expedient and efficient process, applications should be completed in accordance
				  with the instructions in appendix Al sections I and 2.
Grants may be awarded for a period up to 3 years. If a grant
				  is awarded for less than 3 years, it may be renewed provided the total term of
				  the grant does not exceed 3 years.
After a grantee has received a grant for 3 years, it may
				  apply for an additional grant. The Department of Human Services will evaluate
				  the application with other grant applicants in an open competitive bidding
				  process.
Applications should be submitted with an original and two
				  copies to:
Director, Division of Program Analysis and
				  Development,
Department of Human Services
151 Capital Street
11 State House Station
Augusta, Maine 04333
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Chapter 7 - COMMENT & APPEAL

Current through 2024-29, July 17, 2024
After the committee makes its recommendations, an applicant
				  may comment on those recommendations. Such comments could include material
				  changes of recommended award/awards, or may include reasons a denial was
				  unjust.
Comments must be received in writing no later than ten (10)
				  working days after the committee makes its recommendations. Comments must be
				  sent to the Division of Program and Analysis and Development, 151 Capital
				  Street, Augusta, Maine 04333.
The Commissioner will make final decisions about awards based
				  on committee recommendations, scoring criteria and comments received.
Aggrieved applicants, may appeal the Commissioner's decision
				  pursuant to
				   5 MRSA,
				  §§11001.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Appendix 144-502-C - FINANCIAL GLOSSARY

Current through 2024-29, July 17, 2024
PROGRAM INCOME: The funds received by a program from a
				  particular funding source is considered to be program income. Such funds may be
				  either restricted or unrestricted. For greater clarity, the following
				  definitions are offered:
Restricted Funds funds received by the provider which are
				  required by the funding source to be used to purchase certain goods or services
				  or to pay for certain expenses. Restricted funds may be in the form of grants
				  or donations. The Community Health Program grant award settlement will be based
				  on net allowable expenses.
Restricted funds must be applied against expenditures to
				  which the-funds are restricted. Those expenditures are not subject to payment
				  by Community Health Program (CHP) funds- Thus, if a provider has received a
				  specific purpose grant to pay the salaries of certain positions, the salary
				  cost of those positions must be deducted from total allowable costs to
				  determine net allowable costs. CHP grant award will be based on net allowable
				  expenses.
Unrestricted Funds funds received by the provider which may
				  be used as the provider deems appropriate, so long as:
(a) The funds are not previously described in
				this section,
(b) CHP does not
				participate in the costs, including indirect costs, of producing such funds,
				and
(c) The agency Board of
				Directors has established how funds will be used.
Major sources of funding are:
1 STATE/FEDERAL Funding This includes but is
				not limited to income from the federal and state government.
2 LOCAL Funding This includes income from
				county or municipal governments.
3
				PRIVATE FUNDING This includes endowment funds, and awards/funds from private
				agencies, United Way service or organizations available to the
				program.
4 PROGRAM INCOME includes:
a Client Fees (including third Party
				reimbursement)
b Sales of Goods and
				Services
c Donations
d Earned Interest
e other Income: from sale of property,
				equipment or supplies. Workshop income and usage or rental fees in which CHP
				participated in the costs thereof.
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 2 - SCOPE OF RULES

Current through 2024-29, July 17, 2024
Scope of Rules.
This Procedures Manual
				  incorporates all the relevant statutory provisions within the "Act to
				  Strengthen the Certificate of Need Law" enacted by the One-Hundred and
				  Twentieth Legislature.
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 4 - THE SCOPE OF CERTIFICATE OF NEED - COVERED ACTIVITIES › Section 144-503-4-2 - Exceptions

Current through 2024-29, July 17, 2024
Notwithstanding section 329, the requirements of this Act
					 do not apply with respect to:
A.
Healing through prayer.
A health care facility operated by a
				  religious group relying solely on spiritual means through prayer for
				  healing;
B.
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;
C.
Home health care services.
Home health care services offered
				  by a home health care provider;
D.
Hospice.
Hospice services and programs;
E.
Assisted living.
Assisted
				  living programs and services regulated under chapter 1665;
F.
Existing capacity.
The
				  use by an ambulatory surgical facility licensed on January 1, 1998 of capacity
				  in existence on January 1, 1998; and
G.
Critical Access
				  hospitals.
Conversion by a critical access hospital of acute care beds
				  to hospital swing beds. 22 M.R.S.A. Sec.330(1)-(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 4 - THE SCOPE OF CERTIFICATE OF NEED - COVERED ACTIVITIES › Section 144-503-4-3 - Subsequent Review following changes in project

Current through 2024-29, July 17, 2024
When a Certificate of Need has been issued and changes
					 occur as specified in this section, a subsequent review is required.
A.
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
				  commenced:
1 There is a significant change in
				  financing;
2 There is a change
				  affecting the licensed or certified bed capacity as approved in the Certificate
				  of Need;
3 There is a change
				  involving the addition or termination of the health services proposed to be
				  rendered;
4 There is a change in
				  the site or the location of the proposed health care facility; or
5 There is a substantial change proposed in
				  the design of the health care facility or the type of construction. 22 M.R.S.A.
				  Sec.331(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 4 - THE SCOPE OF CERTIFICATE OF NEED - COVERED ACTIVITIES › Section 144-503-4-4 - Subsequent review following approval

Current through 2024-29, July 17, 2024
When the Commissioner approves an application
					 unconditionally or subject to conditions pursuant to section 335, subsection 8,
					 the Commissioner may conduct a review to ensure compliance with any terms or
					 conditions of the approval within 3 years after the approved activity is
					 undertaken. In this review, the Commissioner may hold a public hearing and may
					 consider any significant changes in factors or circumstances relied upon by the
					 Commissioner in approving the application and significant and relevant
					 information that either is new or was withheld by the applicant at the time of
					 the process under section 335. If, upon review, the Commissioner determines
					 that any terms or conditions of the approval have not been met, the
					 Commissioner may take enforcement action consistent with this Act.
					  22 M.R.S.A.
					 Sec.332.
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 4 - THE SCOPE OF CERTIFICATE OF NEED - COVERED ACTIVITIES › Section 144-503-4-5 - Divisions Prohibited

Current through 2024-29, July 17, 2024
A health care facility or other party required to obtain a
					 Certificate of Need may not separate portions of a single project into
					 components, including, but not limited to, site facility and equipment, use of
					 multiple contracts or multiple contractors to evade the cost limitations or
					 other requirements of Section 329.
					 
					 22 M.R.S.A. Sec.345.
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 4 - THE SCOPE OF CERTIFICATE OF NEED - COVERED ACTIVITIES › Section 144-503-4-6 - Time Spans Specified

Current through 2024-29, July 17, 2024
A. No health care
				  facility or other party required to obtain a Certificate of Need shall split
				  what should properly be considered a single capital expenditure into discrete
				  components undertaken during more than one accounting period (generally one
				  fiscal year) to evade the cost limitations of the program. In determining
				  whether a particular project involves a capital expenditure requiring a
				  Certificate of Need, the Department will take into consideration the aggregate
				  cost of any future components of such project that are proposed to be
				  undertaken during a thirty-six (36) month period beginning on the date the
				  obligation for the first such component is incurred.
B. In determining whether a proposal involves
				  licensed bed capacity changes requiring a Certificate of Need, the Department
				  will take into separate consideration increases, decreases, redistribution and
				  relocations occurring over two-year periods subsequent to the effective date of
				  the program.
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 5 - IMPLICATIONS OF NONCOMPLIANCE › Section 144-503-5-1 - Withholding of License

Current through 2024-29, July 17, 2024
A new health care facility, as defined in section 328, is
					 eligible to obtain a license under the applicable State law if the facility has
					 not obtained a Certificate of Need as required by this chapter. The license of
					 any facility does not extend to include and may not otherwise be deemed to
					 allow the delivery of any services, the use of any equipment that has been
					 acquired, the use of any portion of a facility or any other change for which a
					 Certificate of Need as required by this chapter has not been obtained. Any
					 unauthorized delivery of services, use of equipment or a portion of a facility
					 or other change is in violation of the respective chapter under which the
					 facility is licensed.
					  22 M.R.S.A.
					 Sec.347.
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 5 - IMPLICATIONS OF NONCOMPLIANCE › Section 144-503-5-2 - Withholding of Funds

Current through 2024-29, July 17, 2024
A. No health care
				  facility or other provider may be eligible to apply for or receive any
				  reimbursement, payment or other financial assistance from any State agency or
				  other 3rd-party payor, either directly or indirectly, for any capital
				  expenditure or operating costs attributable to any project for which a
				  Certificate of Need as required by this chapter has not been obtained. For the
				  purposes of this section, the Department shall determine the eligibility of a
				  facility to receive reimbursement for all projects subject to the provisions of
				  this chapter. 22 M.R.S.A. Sec.348.
B. Facilities and persons subject to the
				  provisions of this Act shall only be eligible to receive State funds for
				  periods commencing after the Department's decision. Consequently, failure to
				  give timely notice of intent to initiate a project subject to review in
				  accordance with the provisions of the Act shall result in the denial of State
				  reimbursement, payment or financial assistance for all costs related to the
				  project for the period of time preceding the Department's decision, even if the
				  Department ultimately decides to issue a Certificate of Need for the project.
The amount of reimbursement or payment to be denied by
					 State agencies for failure of a provider to give timely notice will be as
					 follows:
1 For projects that do not
				  involve a capital expenditure, all operating costs related to the project for
				  the period of time preceding the Department's decision to grant a Certificate
				  of Need, or
2 For projects that
				  involve capital expenditure, all operating costs related to the project for the
				  period of time preceding the Department's decision to grant a Certificate of
				  Need, and the proportion of total capital costs (including depreciation,
				  amortization, interest and return on owner's equity) related to the project, as
				  represented by a fraction, the numerator of which is the amount of the total
				  capital expenditure obligated prior to the Department's decision to grant a
				  Certificate of Need, and the denominator of which is the total capital
				  expenditure related to the project for all accounting periods before and after
				  the Department's 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 5 - IMPLICATIONS OF NONCOMPLIANCE › Section 144-503-5-3 - Injunction

Current through 2024-29, July 17, 2024
The Attorney General, upon the request of the Department,
					 shall seek to enjoin any project for which a Certificate of Need as required by
					 this Act has not been obtained and shall take any other action as may be
					 appropriate to enforce this chapter.
					  22 M.R.S.A.
					 Sec.349.
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 5 - IMPLICATIONS OF NONCOMPLIANCE › Section 144-503-5-4 - Penalty

Current through 2024-29, July 17, 2024
Whoever violates any provision of this chapter or any rate,
					 rule or regulation pursuant to this chapter is subject to a civil penalty
					 payable to the State of not more than $5,000 to be recovered in a civil action.
					 The Department may hold these funds in a special revenue account that may be
					 used only to support Certificate of Need reviews, such as for hiring expert
					 analysts on a short-term consulting basis.
					  22 M.R.S.A.
					 Sec.350.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-1 - Letter of Intent

Current through 2024-29, July 17, 2024
A. At least 30 days
				  prior to filing an application for a Certificate of Need, an applicant shall
				  file a Letter of Intent with the Department. In the case of a Letter of Intent
				  requesting to be considered as a competing project and containing a description
				  noting the proposal is the same or similar project to an existing Letter of
				  Intent or application on file, the Letter of Intent shall be filed no more than
				  10 days after the filing of the existing Letter of Intent or application on
				  file.
All Letters of Intent submitted will be summarized on a
					 monthly activity reports prepared by the Department and made available to the
					 public, including a timely posting on the Bureau of Elder and Adult Services
					 website. The Letter of Intent forms the basis for determining the applicability
					 of this chapter to the proposed expenditure or action. A Letter of Intent is
					 deemed withdrawn one year after receipt by the Department, unless sooner
					 superseded by an application, except that the applicant is not precluded from
					 resubmitting the same Letter of Intent. 22 M.R.S.A. Sec.337(1). The hand-signed
					 Letter of Intent should be mailed or delivered to the Department of Health and
					 Human Services at the address given on Page 2.
B. The content of the Letter of Intent must
				  include the following:
1 A request for a
				  ruling from the Department regarding the applicability of Certificate of Need
				  Program to the proposal;
2 A brief
				  description, including location, of the proposed project. To the extent
				  practicable, the project should be described in terms that permit comparison to
				  the scope of coverage described in Chapter 4 of this manual;
3 An estimate of any capital expenditure and
				  third year operating costs of the proposed project, and anticipated
				  utilization;
4 The anticipated date
				  of submission of an application, if one is required; and
5 Statement that applicant will or will not
				  waive the technical assistance meeting.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-2 - Application filed

Current through 2024-29, July 17, 2024
Paragraphs (1) to (3) apply in the given order to the
					 application process for Certificate of Need.
(1) After receiving the Letter of Intent, the
				  Department shall issue a letter or checklist, or both, to an applicant that
				  stipulates and clarifies what will be required in the application.
(2) Within 30 days of filing the Letter of
				  Intent, the applicant may meet with the Department staff in order to assist the
				  Department in understanding the application and to receive technical assistance
				  concerning the nature, extent and format of the documentary evidence,
				  statistical data and financial data required for the Department to evaluate the
				  proposal.
a
Waive technical assistance
				  meeting.
After December 31, 2011, the technical assistance meeting
				  requirement may be waived by the applicant. The Letter of Intent must state
				  that the applicant waives the technical assistance meeting. See Public Law
				  2011, Chapter 424, Sec. C-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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-3 - Application content

Current through 2024-29, July 17, 2024
An application for a Certificate of Need must describe with
					 specificity how the proposed project meets each of the conditions for granting
					 a Certificate of Need required by this Act. A statement or statements that the
					 project will meet the conditions without supporting facts backed by relevant
					 documentation and analysis constitute sufficient cause to deny the application.
					 An application subject to full review must contain, if available and relevant
					 to the particular service or technology, information on health status, public
					 health need for the service or technology, quality assurance processes and
					 prevention programs.
					  22 M.R.S.A.
					 Sec337(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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-4 - Application complete

Current through 2024-29, July 17, 2024
An application is certified as complete when the applicant
					 delivers to the Department a certification in writing that states that the
					 application should be considered complete by the Department and the applicant
					 has scheduled a public informational meeting. Subsequent to the applicant's
					 certification under this subsection, the applicant may submit information that
					 is responsive to any concern, issue, question or allegation of facts contrary
					 to those in the application made by the Department or any other person.
					  22 M.R.S.A.
					 Sec337(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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-5 - Revision of an Application

Current through 2024-29, July 17, 2024
A. Any applicant
				  may submit a revision to an application at any time prior to the date on which
				  the Department staff submits its final analysis to the Commissioner; provided,
				  however, that the Department may declare the revised application a new
				  application to be processed in accordance with the provisions of Sec. 337 of
				  the Act. No new Letter of Intent will be required.
B. As soon as practicable after receiving a
				  revision to an application, the Department staff shall provide an analysis of
				  the revised application and the record to the applicant, the Commissioner and
				  any persons who request th
e
analysis. Notice of the availability
				  of the analysis shall be provided as set forth in Sec. 339(3) of the Act.
				  Written comments may be provided until the record is closed pursuant to Sec.
				  335(6) of the Act. Rights to a public hearing shall be provided as set forth in
				  Sec. 339(2) of the Act.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-6 - Public notice; public informational meeting

Current through 2024-29, July 17, 2024
Within 5 business days of the filing of a certificate by an
					 applicant that a complete Certificate of Need application is on file with the
					 Department, the Department will give public notice that the application has
					 been filed and that a public informational meeting has been scheduled regarding
					 the application must be given by publication in a newspaper of general
					 circulation in Kennebec County and in a newspaper published within the service
					 area in which the proposed expenditure will occur. The notice must also be
					 provided to all persons who have requested notification by means of asking that
					 their names be placed on a mailing list maintained by the Department for this
					 purpose. This notice must include:
A.
				  A brief description of the proposed expenditure or other action;
B. A description of the review process and
				  schedule;
C. A statement that any
				  person may examine the application, submit comments in writing to the
				  Department regarding the application, and examine the entire record assembled
				  by the Department at any time from the date of publication of the notice until
				  the application process is closed for comment; and
D. The time and location of the public
				  informational meeting and a statement that any person may appear at the meeting
				  to question the applicant regarding the project or the Department regarding the
				  conditions that the applicant must satisfy in order to receive a Certificate of
				  Need for the project.
E. The
				  Department shall make an electronic or stenographic record of the public
				  informational meeting. 22 M.R.S.A. Sec337(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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-7 - Voluntary withdrawal of application

Current through 2024-29, July 17, 2024
During the review period, prior to the date that Department
					 staff submits a final report to the Commissioner, an applicant may withdraw an
					 application without prejudice by filing written notice of the withdrawal with
					 the Department. A withdrawn application may be resubmitted and will be
					 processed as an entirely new application.
					  22 M.R.S.A.
					 Sec337(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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-8 - Filing Fee

Current through 2024-29, July 17, 2024
The Department shall adopt rules setting minimum and
					 maximum filing fees under this chapter. A nonrefundable filing fee must be paid
					 at the time an application is filed with the Department. If the approved
					 capital expenditure or operating cost upon which the fees were based is higher
					 than the initially proposed capital expenditure, then the filing fee must be
					 recalculated and the difference in fees, if any, must be paid before the
					 Certificate of Need may be issued.
					  22 M.R.S.A.
					 Sec.337(7).
A. Fees shall be computed at $1,000 per
				  $1,000,000, or part thereof, of the proposed capital expenditure.
B. The minimum fee to be paid per application
				  shall be $5,000.
C. The maximum fee
				  per application will not exceed $250,000.
D. The maximum fee to be paid will be
				  determined by the initial fee and any recalculation in response to changes in
				  capital expenditures.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-9 - Suspension of Review

Current through 2024-29, July 17, 2024
Any applicant may request and be granted a suspension of
					 the review process prior to the date on which the Department staff submits its
					 final analysis to the Commissioner. Such requests for suspensions of the review
					 process shall be for specific periods of no less than 60 days and shall total
					 no greater than twelve months. Failure to reactivate within this time period
					 will result in automatic withdrawal.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-10 - Reapplication

Current through 2024-29, July 17, 2024
A period of three years from the date of the Department's
					 decision to deny a Certificate of Need must lapse before an applicant denied a
					 Certificate of Need for a proposed expenditure or action can reapply for a
					 Certificate of Need covering the same or significantly similar proposal, except
					 whenever the Department determines that:
A. There has been a substantial change in
				  existing or proposed facilities or services of the type proposed in the area
				  served or proposed to be served by the applicant;
B. There has been a substantial change in the
				  need for health facilities or services of the type proposed in the area served
				  or proposed to be served by the applicant.
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 6 - APPLICATION PROCESS FOR A CERTIFICATE OF NEED › Section 144-503-6-11 - Maintenance of a Mailing List of Persons who have Requested Notification of the Beginning of a Review

Current through 2024-29, July 17, 2024
A. The notice shall
				  be provided to all persons who have requested notification by means of asking
				  that their names be placed on a mailing list maintained by the Department for
				  this purpose.
B. Persons wishing to
				  receive notification by mail of the beginning of a review must so notify the
				  Department in writing at the address given on Page 2. Such notice must clearly
				  state the following information:
1 name of
				  person (may be a corporation) to be notified,
2 business title, if any,
3 business name or affiliation,
4 street address or postal box
				  number,
5 city, state and zip
				  code,
6 electronic mail
				  address