D.__Does not result in inappropriate increases in service utilization, according to the principles of evidence-based medicine adopted by the Maine Quality Forum, as established in Title 24-A, section 6951; and

E.__Can be funded within the capital investment fund.

Sec. C-9. 22 MRSA §335, sub-§1-A is enacted to read:

1-A.__Review cycle.__The commissioner shall review applications periodically on a competitive basis.

Sec. C-10. 22 MRSA §335, sub-§5, as enacted by PL 2001, c. 664, §2, is amended to read:

5. Record. The record created by the department in the course of its review of an application must contain the following:

A. The application and all other materials submitted by the applicant for the purpose of being made making those documents part of the record;

B. All information generated by or for the department in the course of gathering material to assist the commissioner in determining whether the conditions for granting an application for a certificate of need have or have not been met. This information may include, without limitation, the report of consultants, including reports by panels of experts assembled by the department to advise it on the application, memoranda of meetings or conversations with any person interested in commenting on the application, letters, memoranda and documents from other interested agencies of State Government and memoranda describing officially noticed facts;

C. Stenographic or electronic recordings of any public hearing held by the commissioner or the staff of the department at the direction of the commissioner regarding the application;

D. Stenographic or electronic recording of any public informational meeting held by the department pursuant to section 337, subsection 5;