Sec. 22. 22 MRSA §336, sub-§§1 and 2, as enacted by PL 2001, c. 664, §2, are amended to read:

1. Maintenance projects. The commissioner shall issue a certificate of need for a project that primarily involves the maintenance of a health nursing facility if the commissioner determines that the project:

A. Will result in no or a minimal additional expense to the public or to the health care nursing facility's clients;

B. Will be in compliance with other applicable state and local laws and regulations; and

C. Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care nursing facility.

2. Life safety codes; previous certificate of need. The commissioner shall issue a certificate of need for a project that is required solely to meet federal, state or local life safety codes if the project involves a health nursing facility, major medical equipment or a new health service that has previously received a certificate of need.

Sec. 23. 22 MRSA §345, as enacted by PL 2001, c. 664, §1, is amended to read:

§345. Division of project to evade cost limitation prohibited

A health care nursing facility or other party required to obtain a certificate of need may not separate portions of a single project into components, including, but not limited to, site facility and equipment, to evade the cost limitations or other requirements of section 329.

Sec. 24. 22 MRSA §347, as enacted by PL 2001, c. 664, §2, is amended to read:

§347. Withholding of license

A new health care nursing facility, as defined in section 328, is eligible to obtain a license under the applicable state law if the facility has obtained a certificate of need as required by this chapter. The license of any facility does not extend to include and may not otherwise be deemed to allow the