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 144-503-4-1 - Certificate of Need Required

1 Transfer of ownership acquisition by lease, donation, transfer; acquisition of control. Any transfer of ownership or acquisition under lease or comparable arrangement or through donation or any acquisition of control of a health care facility under lease, management agreement or comparable arrangement or through donation that would have required review if the transfer or acquisition had been by purchase, except in emergencies when that acquisition of control is at the direction of the Department ( 22 M.R.S.A. Sec.329(1));

2 Acquisitions of major medical equipment. The use of major medical equipment on a temporary basis in the case of a natural disaster, major accident or equipment failure and the use of replacement equipment does not require a Certificate of Need. Beginning September 30, 2004 and annually thereafter, the threshold amount for review must be updated by the Commissioner to reflect the change in the Consumer Price Index medical index ( 22 M.R.S.A. Sec.329(2));

3 Capital expenditures. Except as provided in subsection 6, the obligation by or on behalf of a health care facility of any capital expenditure of $2,400,000 or more. Capital expenditures in the case of a natural disaster, major accident or equipment failure for replacement equipment or for parking lots and garages, information and communication systems and physician office space do not require a Certificate of Need; however, the capital cost of these items must be included in the total capital expenditure for a project that otherwise requires a Certificate of Need. Beginning September 30, 2004 and annually thereafter, the threshold amount for review must be updated by the Commissioner to reflect the change in the Consumer Price Index medical index ( 22 M.R.S.A. Sec.329(3));

4 New health service. The offering or development of any new health service( 22 M.R.S.A. Sec.329(4) );

5 Changes in bed complement. An increase in the existing licensed bed complement or an increase in the licensed bed category of a health care facility, other than a nursing facility, of greater than 10% ( 22 M.R.S.A. Sec.329(5));

6 Nursing facilities. The obligation by a nursing facility, when related to nursing services provided by the nursing facility, of any capital expenditures of $510,000 or more. A Certificate of Need is not required for a nursing facility to convert beds used for the provision of nursing services to beds to be used for the provision of residential care services. If such a conversion occurs, public funds are not obligated for payment of services provided in the converted beds ( 22 M.R.S.A. Sec.329(6));

7 Other circumstances. The following circumstances:

8 Related Projects. Any projects that the Department determines are related projects if such projects, considered in the aggregate, would otherwise require a Certificate of Need under this section. 22 M.R.S.A. Sec329(8).Projects will be deemed related if the projects are (1) expected to be commenced by the same health care facility within 12 months of each other, and (2) provide associated services within outpatient or inpatient settings or financially impact like or similar cost centers.