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

Universal Citation: 10 ME Code Rules ยง 144-500-5

Current through 2024-38, September 18, 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).

5.2 Preliminary Decision. At least 5 business days prior to issuing the final decision,the department shall issue a written preliminary decision on the COPA application. The preliminary decision shall set forth the basis for the decision. The department shall provide copies of the preliminary decision to the applicants, the Office of the Attorney General, the Governor's Office of Health Policy and Finance or its successor and all persons who requested notification from the department (Section 2.14). See 22 M.R.S.A. §1844(4)(F).

5.2.1 In issuing a preliminary decision on a COPA application, the department shall make specific findings as to the nature and extent of any likely benefits and disadvantages in accordance with Section 4 of these rules. See 22 M.R.S.A. §1844(5).

5.3 Final Decision. The department shall issue a written final decision to grant or deny a COPA application no less than 40 calendar days and no more than 90 calendar days after the filing of the application. The final decision shall set forth the basis for the decision. The department shall provide copies of the final decision to the applicants, the Office of the Attorney General, the Governor's Office of Health Policy and Finance or its successor, and all persons who requested notification from the department (Section 2.14).See 22 M.R.S.A. §1844(4)(F).

5.3.1 In issuing a final decision on a COPA application, the department shall make specific findings as to the nature and extent of any likely benefits and disadvantages in accordance with Section 4 of these rules. See 22 M.R.S.A. §1844(5).

5.4 The Certificate. When the final decision is to approve the COPA application, the department's written decision shall be considered the "certificate."

5.5 Judicial Review. An applicant, certificate holder or intervenor aggrieved by (1) a final decision of the department granting or denying an application for a certificate; (2) the department's refusal or failure to act on an application; or (3) the department's imposition of additional conditions or measures with regard to a certificate is entitled to judicial review of the final decision in accordance with the Maine Administrative Procedure Act. See 22 M.R.S.A. §1847.

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