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 7 - REVIEW PROCESS
Section 144-503-7-9 - Simplified review and approval process

Universal Citation: 10 ME Code Rules § 144-503-7-9

Current through 2024-38, September 18, 2024

Notwithstanding the requirements set forth in section 335, the Department shall conduct a simplified review and approval process in accordance with this section.

A. Maintenance projects. The Commissioner shall issue a Certificate of Need for a project that primarily involves the maintenance of a health facility if the Commissioner determines that the project:

1 Will result in no or a minimal additional expense to the public or to the health care facility's clients;

2 Will be in compliance with other applicable State and local laws and regulations; and

3 Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care facility.

B. Life safety codes; previous Certificates of Need. The Commissioner shall issue a Certificate of Need for a project that is required solely to meet federal, State or local life safety codes if the project involves a health facility, major medical equipment or a new health service that has previously received a Certificate of Need.

C. Acquisition of control. The Commissioner shall issue a Certificate of Need for a project that involves the acquisition of control of a health facility when the acquisition consists of a management agreement or similar arrangement and primarily involves the day-to-day operation of the facility in its current form, if the Commissioner determines that the project meets the requirements of section 335, subsection 7, paragraph B and that the project is economically feasible in light of its impact on:

1 The operating budget of the facility and the applicant; and

2 The applicant's ability to operate the facility without increases in the facility's rates beyond those that would otherwise occur absent the acquisition. 22 M.R.S.A. Sec.336(1)-(3).

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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