4. New health service. The offering or development of any new health service. For purposes of this section, "new health service" includes only the following:

A. The obligation of any capital expenditures by or on behalf of a health care facility of $110,000 or more that is associated with the addition of a health service that was not offered on a regular basis by or on behalf of the health care facility within the 12-month period prior to the time the services would be offered; or

B. The addition of a health service that is to be offered by or on behalf of a health care facility that was not offered on a regular basis by or on behalf of the health care facility within the 12-month period prior to the time the services would be offered and that, for the 3rd fiscal year of operation, including a partial first year, following addition of that service, is projected to entail incremental annual operating costs directly attributable to the addition of a new health service of at least $400,000.

A certificate of need is not required for a health care facility that extends a current service within the defined primary service area of the health care facility by purchasing within a 12-month time period new equipment costing in the aggregate less than $1,200,000;

Sec. C-8. 22 MRSA §335, sub-§1, as enacted by PL 2001, c. 664, §2, is repealed and the following enacted in its place:

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 commissioner determines that the project:

A.__Meets the conditions set forth in subsection 7;

B.__Is consistent with the State Health Plan;