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 10 - PRINCIPLES GOVERNING REVIEWS
Section 144-503-10-1 - Determinations Required
Current through 2024-38, September 18, 2024
Except as provided in section 336, the Commissioner shall issue a Certificate of Need if the Commissioner determines and makes specific written findings regarding that determination that:
A. That the applicant is fit, willing and able to provide the proposed services at the proper standard of care as demonstrated by, among other factors, whether the quality of any health care provided in the past by the applicant or a related party under the applicant's control meets industry standards;
B. The economic feasibility of the proposed services is demonstrated in terms of:
C. There is a public need for the proposed services as demonstrated by certain factors, including, but not limited to:
D. That the proposed services are consistent with the orderly and economic development of health facilities and health resources for the State as demonstrated by:
In making a determination under this subsection, the Commissioner shall use data available in the State health plan under section 253, data from the Maine Health Data Organization established in chapter 1683 and other information available to the Commissioner. Particular weight must be given to information that indicates that the proposed health services are innovations in high quality health care delivery, that the proposed health services are not reasonably available in the proposed area and that the facility proposing the new health services is designed to provide excellent quality health care.
E. Is Consistent with the State Health Plan. For this determination, the Commissioner will be guided by the priority criteria set forth in the State Health Plan. Those projects meeting the greatest number of criteria in any of the relevant priority groupings will be given the highest priority and consideration for approval by the Commissioner. The criteria below are listed in rank priority order.
In addition, high priority will be assigned to applicants able to demonstrate the following:
RESERVED Applicants demonstrating investment in and/or use of an electronic medical records system with an HL7 interface, allowing for exchange of information. This priority assignment will be available to any applicant, regardless of the project applied for. The policy rationale underlying this priority assignment is our desire to encourage implementation of the infrastructure necessary to facilitate integrated clinical information systems. Such systems will serve to improve the quality of care and , ultimately, reduce the cost of care.Projects that involve any of the following characteristics cannot be considered priority projects:
Projects that duplicate existing services or facilities in a region or community that has existing capacity for such services. This limitation assists in the orderly development of the health care system and in our efforts to control costs. Projects that result in an increase in the number of inpatient beds in the State. Putting additional beds on-line, without a complementary reduction in beds elsewhere will infuse additional costs into the system. Projects that involve the construction of a new hospital (other than replacement facilities). Projects that involve major expansions of existing services and/or facilities.F. Ensures high-quality outcomes and does not negatively affect the quality of care delivered by existing service providers;
G. Does not result in inappropriate increases in service utilization, according to the principles of evidence-based medicine adopted by the Maine Quality Forum, as established in Title 24-A, section 6951.