C. The addition in the private office of a health care practitioner, as defined in Title 24, section 2502, subsection 1-A, of new technology that costs $1,200,000 or more. The department shall consult with the Maine Quality Forum Advisory Council established pursuant to Title 24-A, section 6952, prior to determining whether a project qualifies as a new technology in the office of a private practitioner. Beginning September 30, 2004 and annually thereafter, the threshold amount for review must be updated by the commissioner to reflect the change in the Consumer Price Index medical index. With regard to the private office of a health care practitioner, "new health service" does not include the location of a new practitioner in a geographic area.

"New health service" does not include a health care nursing facility that extends a current service within the defined primary service area of the health care nursing facility by purchasing within a 12-month time period new equipment costing in the aggregate less than the threshold provided in section 328, subsection 16 $1,200,000;

Sec. 8. 22 MRSA §328, sub-§§19 and 20, as enacted by PL 2001, c. 664, §2, are amended to read:

19. Obligation. An "obligation" for a capital expenditure that is considered to be incurred by or on behalf of a health care nursing facility:

A. When a contract, enforceable under the law of the State, is entered into by or on behalf of the health care nursing facility for the construction, acquisition, lease or financing of a capital asset;

B. When the governing board of the health care nursing facility takes formal action to commit its own funds for a construction project undertaken by the health care nursing facility as its own contractor; or

C. In the case of donated property, on the date on which the gift is completed under the applicable law of the State.

20. Offer. "Offer," when used in connection with "health services," means that the health care nursing facility or health maintenance organization holds itself out as capable of providing or having the means to provide a health service.