Sec. 1. 22 MRSA §328, sub-§2, as enacted by PL 2001, c. 664, §2, is repealed.

Sec. 2. 22 MRSA §328, sub-§4, as enacted by PL 2001, c. 664, §2, is amended to read:

4. Construction. "Construction," when used in connection with "health care nursing facility," means the establishment, erection, building, purchase or other acquisition of a health care nursing facility.

Sec. 3. 22 MRSA §328, sub-§8, as amended by PL 2003, c. 469, Pt. C, §3, is repealed.

Sec. 4. 22 MRSA §328, sub-§14, as enacted by PL 2001, c. 664, §2, is repealed.

Sec. 5. 22 MRSA §328, sub-§16, as amended by PL 2003, c. 469, Pt. C, §4, is repealed.

Sec. 6. 22 MRSA §328, sub-§17, as enacted by PL 2001, c. 664, §2, is amended to read:

17. Modification. "Modification" means the alteration, improvement, expansion, extension, renovation or replacement of a health care nursing facility or health maintenance organization or portions thereof, including the initial equipment, and the replacement of equipment or existing buildings.

Sec. 7. 22 MRSA §328, sub-§17-A, as corrected by RR 2003, c. 1, §15, are amended to read:

17-A. New health service. "New health service" means:

A. The obligation of any capital expenditures by or on behalf of a health care nursing 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 nursing 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 nursing facility that was not offered on a regular basis by or on behalf of the health care nursing 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