§ 22 §334-A — Nursing facility projects

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 options:
2.
Projects to relocate beds.
Nursing facility projects that do not add new nursing facility beds to the inventory of nursing facility beds within the State, but instead propose to relocate beds from one or more nursing facilities to one or more existing or new nursing facilities:
2-A.
Other types of certificate of need projects.
Other types of nursing facility projects that do not add new nursing facility beds to the inventory of nursing facility beds within the State and do not propose to relocate beds from one facility to another existing or new facility and that propose any renovation, replacement, transfer of ownership or other actions requiring certificate of need review, such as capital expenditures for equipment and renovations that are above applicable thresholds, may be approved by the department upon a showing that the project fulfills all pertinent requirements and the review criteria set forth in section 335.
2-B.
Emergencies and necessary nursing facility projects.
If the department determines that an emergency exists, it may approve a necessary nursing facility certificate of need application on an expedited basis when the applicant proposes capital expenditures for renovations and improvements that are necessary:
3.
Evaluating costs.
Beginning with all applications pending on February 15, 2012, in evaluating whether a project will increase MaineCare expenditures for a nursing facility for the purposes of this section, the department shall:
4.
Cost associated with energy-efficient improvements.
The cost associated with energy-efficient improvements in nursing facilities, as set forth in rules governing special reimbursement provisions for energy-efficient improvements adopted by the department, must be excluded from the cost of a project in determining whether the project is subject to review.

Legislative History

PL 2007, c. 440, §13 (NEW). PL 2009, c. 429, §§3-5 (AMD). PL 2009, c. 430, §§2-5 (AMD). PL 2011, c. 424, Pt. B, §§9-14 (AMD). PL 2011, c. 424, Pt. E, §1 (AFF). PL 2011, c. 648, §5 (AMD).