LD 1487
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LR 1102
Item 1

 
delivery of any services, the use of any equipment that has been
acquired, the use of any portion of a facility or any other change
for which a certificate of need as required by this chapter has not
been obtained. Any unauthorized delivery of services, use of
equipment or a portion of a facility or other change is in
violation of the respective chapter under which the facility is
licensed.

 
Sec. 25. 22 MRSA §348, as corrected by RR 2001, c. 2, Pt. A, §29,
is amended to read:

 
§348. Withholding of funds

 
A health care nursing facility or other provider may be
eligible to apply for or receive any reimbursement, payment or
other financial assistance from any state agency or other 3rd-
party payor, either directly or indirectly, for any capital
expenditure or operating costs attributable to any project for
which a certificate of need is required by this chapter only if
the certificate of need has been obtained. For the purposes of
this section, the department shall determine the eligibility of a
facility to receive reimbursement for all projects subject to the
provisions of this chapter.

 
Sec. 26. 38 MRSA §1310-X, sub-§4, ķA, as amended by PL 2003, c. 551,
§17, is further amended to read:

 
A. A commercial biomedical waste disposal or treatment
facility, if at least 51% of the facility is owned by a
licensed hospital or hospitals as defined in Title 22,
section 328, subsection 14 or a group of hospitals that are
licensed under Title 22 acting through a statewide
association of Maine hospitals or a wholly owned affiliate
of the association; and

 
Sec. 27. MaineCare report on reimbursement methods. The Department of
Health and Human Services shall conduct a review of the current
method of reimbursement to health care providers, including
physicians, and the rates of that reimbursement and provide a
comparison of the impact on the MaineCare program if alternative
methods of reimbursement are implemented, including, but not
limited to, reimbursement on a diagnostic-related groupings, or
DRG, basis. The review must include information on the methods
of reimbursement used by private health insurance carriers and
Medicare and other publicly funded programs. The department
shall submit a report detailing the review required by this
section to the Joint Standing Committee on Health and Human
Services by January 15, 2006. The Joint Standing Committee on
Health and Human Services may report out legislation to make


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