C.M.R. 10, 144, ch. 503, 1

Current through 2024-51, December 18, 2024

Chapter 1 - INTRODUCTION

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.

C.M.R. 10, 144, ch. 503, 1