Title 22

1. Subsequent review following approval. When the commissioner has approved an application filed unconditionally or subject to conditions pursuant to section 335, subsection 8, the commissioner may conduct a subsequent review to ensure compliance with any terms or conditions of a…

1. Procedures. A nursing facility that voluntarily reduces the number of its licensed beds at any time prior to July 1, 2007, for any reason except to create private rooms may convert the beds back and thereby increase the number of nursing facility beds to no more than the previ…

1. Nursing facility MaineCare funding pool. Except as set forth in subsection 3‑A and section 334‑A, savings to the MaineCare program as a result of delicensing of nursing facility beds on or after July 1, 2005, including savings from lapsed beds but excluding savings from reserv…

1. Projects that expand current bed capacity. 1-A. Projects that expand current bed capacity. Nursing facility projects that propose to add new nursing facility beds to the inventory of nursing facility beds within the State may be considered under either of the following 2 optio…

This section applies to determinations by the commissioner under this chapter. [PL 2001, c. 664, §2 (NEW).] 1. Basis for decision. Based solely on a review of the record maintained under subsection 6, the commissioner shall approve an application for a certificate of need if the …

Notwithstanding the requirements set forth in section 335, the department shall conduct a simplified review and approval process in accordance with this section unless a public hearing has been requested pursuant to section 339, subsection 2, paragraph D, in which case the projec…

1. Letter of intent. Prior to filing an application for a certificate of need, an applicant shall file a letter of intent with the department. The letter of intent forms the basis for determining the applicability of this chapter to the proposed expenditure or action. A letter of…

1. Consultation on new technologies and needs. In connection with the development of policies and procedures to implement this Act, the commissioner may, from time to time, consult with persons with relevant skills and experience regarding: A. New medical technologies and the imp…

1. Review process. The review process consists of an evaluation of the project application for a certificate of need by the department in light of: A. The application itself; [PL 2001, c. 664, §2 (NEW).] B. Material collected or developed by or for the department staff to test th…

Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need. [PL 2001, c. 664, §2 (NEW).] 1. Timing for request. …

Any person aggrieved by a final decision of the department made under the provisions of this Act is entitled to review in accordance with this chapter and with Title 5, chapter 375, subchapter VII. [PL 2001, c. 664, §2 (NEW).] 1. Finality. A decision of the department to issue a …

The department shall adopt any rules, standards, criteria, plans or procedures that may be necessary to carry out the provisions and purposes of this Act. The department shall provide for public notice and hearing on all proposed rules, standards, criteria, plans, procedures or s…

The department shall prepare and publish at least annually a report on its activities conducted pursuant to this Act. The annual report must include information on all certificates of need granted and denied and on the assessment of penalties. With regard to all certificates gran…

In addition to the limitations of Title 5, section 18, a member or employee of the department who has a substantial economic or fiduciary interest that would be affected by a recommendation or decision to issue or deny a certificate of need or who has a close relative or economic…

A health care facility or other party required to obtain a certificate of need may not separate portions of a single project into components, including, but not limited to, site facility and equipment, to evade the cost limitations or other requirements of section 329.

1. Application determinative. A certificate of need is valid only for the defined scope, premises and facility or person named in the application and is not transferable or assignable. 2. Maximum expenditure. In issuing a certificate of need, the department shall specify the maxi…

A new health care facility, as defined in section 328, is eligible to obtain a license under the applicable state law if the facility has obtained a certificate of need as required by this chapter. The license of any facility does not extend to include and may not otherwise be de…

A health care facility or other provider may be eligible to apply for or receive any reimbursement, payment or other financial assistance from any state agency or other 3rd-party payor, either directly or indirectly, for any capital expenditure or operating costs attributable to …

The Attorney General, upon the request of the department, shall seek to enjoin any project for which a certificate of need as required by this chapter has not been obtained and shall take any other action as may be appropriate to enforce this chapter.

To ensure compliance with this chapter or rules adopted under this chapter, the department may investigate a health care facility or other entity subject to this chapter when the department has a reasonable basis to suspect that a violation has occurred. The health care facility …

1. Violation. An individual, partnership, association, organization, corporation or trust that violates any provision of this chapter or any rate, rule or regulation pursuant to this chapter is subject to a fine imposed in conformance with the Maine Administrative Procedure Act a…

The department is authorized to accept any federal funds to be used for the purposes of carrying out this chapter.

The holder of a certificate of need shall make written reports as provided in this section and as required by rule adopted by the department. [PL 2001, c. 664, §2 (NEW); RR 2001, c. 2, Pt. A, §32 (RAL).] 1. Final plans and specifications. A holder of a certificate of need that ha…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 690, §1 (NEW); PL 2025, c. 690, §3 (AFF).] 1. Carrier. "Carrier" has the same meaning as in Title 24‑A, section 4301‑A, subsection 3. 2. Health care enti…

1. Notice. This subsection governs notice regarding material change transactions. A. A health care entity shall, before completing any material change transaction, file written notice, as provided in paragraph B, with the department not fewer than 180 days before the date of the …

The department may, after notice and hearing pursuant to Title 5, chapter 375, subchapter 2, adopt rules to carry out this chapter. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 355, §5 (NEW).] 1. Accreditation. "Accreditation" means a national federally recognized credentialing process resulting in the approval of a public healt…

1. Local health officers. Local health officers shall provide a link between the Maine Center for Disease Control and Prevention and every municipality. Duties of local health officers are set out in section 454‑A. 2. Healthy Maine Partnerships. Healthy Maine Partnerships is esta…

The Maine Center for Disease Control and Prevention, the Statewide Coordinating Council for Public Health, the district coordinating councils for public health and Healthy Maine Partnerships shall undertake a universal wellness initiative to ensure that all people of the State, i…

The following provisions govern the appointment and employment of local health officers. [PL 2007, c. 462, §1 (NEW).] 1. Role of municipality. Every municipality in the State shall employ a local health officer who is appointed by the municipal officers of that municipality. A pe…

1. Membership; administration. A municipality may appoint a local board of health consisting of a minimum of 3 and a maximum of 7 members besides the local health officer appointed pursuant to section 451, one of whom must be a physician, an advanced practice nurse or a physician…

1. Supervision. For the purposes of this section, a local health officer is subject to the supervision and direction of the commissioner or the commissioner’s designee. 2. Duties. Within jurisdictional limits, a local health officer shall: A. Make and keep a record of all the pro…

The local health officer, when satisfied upon due examination, that a cellar, room, tenement or building in the town, occupied as a dwelling place, has become, by reason of want of cleanliness or other cause, unfit for such purpose and a cause of sickness to the occupants or the …

Any health officer or other person employed by the local health officer may, when obstructed in the performance of the person's duty, call for assistance from a law enforcement officer.

The Health and Environmental Testing Laboratory is established within the department for the chemical and microbiological testing and examination of water supplies, food products, drinking water, environmental and forensic samples and the testing and examination of cases and susp…

The Health and Environmental Testing Laboratory shall provide laboratory services for environmental testing and analysis as necessary to implement the radiation protection services of the department conducted pursuant to section 680, subsection 2, paragraph D.

A person requesting a water sample test must indicate the source of the water sample. A laboratory that tests any public water system for drinking water program compliance mandates shall forward a copy of the test results to the department.

The Director of the Bureau of Health shall establish a laboratory certification or accreditation program to ensure that all generated data of laboratories subject to the program is of known and appropriate quality of precision and accuracy when utilized for departmental programs …

The Health and Environmental Testing Laboratory Special Revenue Account is established as a dedicated account for the operation of the laboratory's analytical and certification programs and may be known in this chapter as the "account." Funds deposited to the account include, but…

1. Program established. The Department of Administrative and Financial Services, in consultation with the Maine Center for Disease Control and Prevention, shall establish within the Maine Center for Disease Control and Prevention a laboratory certification program, referred to in…

In the interests of the public health and welfare of the people of this State, it is the declared public policy of this State that a facility licensed by the United States Nuclear Regulatory Commission and situated in the State must be accomplished in a manner consistent with pro…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 519, §1 (NEW).] 1. Facility. A "facility" means a production or utilization facility situated in this State that holds an operating permit or license iss…

There is established within the department the State Nuclear Safety Inspector Office administered by the State Nuclear Safety Inspector. The State Nuclear Safety Inspector is a classified employee, subject to the Civil Service Law. [PL 2007, c. 539, Pt. KK, §2 (NEW).] 1. Qualific…

The responsibility of facility licensees is as follows. [PL 1997, c. 686, §5 (AMD).] 1. Records. Each facility licensee shall permit the inspection and copying, for the purposes of this chapter, of its books and records, maintained in any form, except that books and records that …

The responsibilities of the State Nuclear Safety Inspector are as follows. [PL 2007, c. 539, Pt. KK, §5 (REEN).] 1. Damages to public health and safety. If the State Nuclear Safety Inspector has reason to believe that any activity poses a danger to public health and safety, and a…

The Interim Spent Fuel Storage Facility Oversight Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the radiation control program in the department. All fees paid under this subchapter are collected by the department for deposit in the fu…