10-144 C.M.R. ch. 503, § 7-9 - Simplified review and approval process

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).

Notes

10-144 C.M.R. ch. 503, § 7-9