Section 149-5-72 - CONTINUING CARE RETIREMENT COMMUNITIES72.01 GENERAL REQUIREMENTS FOR PRELIMINARY CERTIFICATE OF APPROVAL.In order for any person to receive a preliminary certificate of authority to operate a Continuing Care Retirement Community, in accordance with 24A M.R.S.A. Chapter 73, the Department must certify to the superintendent of the Bureau of Insurance:
(A) Whether the applicant complies with 24A M.R.S.A. §6203(F)(1) to (3);(B) Whether the applicant has applied for any or all licenses or permits required by the Department for health care services, home health care services and supportive services planned to be provided;(C) Whether a certificate of need, pursuant to Section 71, is required, and if so, whether the preliminary report indicates approval;(D) Whether the services proposed under the continuing care agreement not otherwise reviewed under certificate of need are adequate; and(E) Whether the provider has demonstrated the willingness and potential ability to ensure that the health care services or supportive services, or both will be provided in a manner to ensure availability, accessibility and continuity of services.72.02 APPLICATION. The applicant will provide Bureau of Elder and Adult Services with one completed copy of its application to the Bureau of Insurance, and will respond to all requests for clarification or additional information within thirty (30) days of such written request, unless additional time is granted for good cause. A technical review meeting regarding the application may be required at the discretion of the Department. The applicant must also provide evidence that applications have been made for any services which require licensure.72.03 FEES. A review fee of $1,000 for each $1,000,000 of capital expenditure must be submitted with the application, with a maximum fee not to exceed $25,000. The minimum fee is $1,000.72.04 FINAL CERTIFICATE OF AUTHORITY.Upon completion of the review, the Bureau of Elder and Adult Services will:
(A) Forward a copy of the final decision regarding certificate of need, if required, to the superintendent of the Bureau of Insurance;(B) Provide written certification from the appropriate regulatory authorities that all plans and specifications submitted with any application for a license for any health care services, home health services or supportive services meet the requirements for licensure provided the facilities are built or constructed in accordance with the plans and specifications. Licenses will not be issued by the appropriate regulatory authorities for any services until applicant's facilities and services are ready for operation and comply with all regulations regarding licensing. Copies will be provided to the superintendent.10-149 C.M.R. ch. 5, § 72