§346. Scope of certificate of need
1. Application determinative. A certificate of need is valid only for the defined scope, premises and facility or person named in the application and is not transferable or assignable.
[PL 2001, c. 664, §2 (NEW).]
2. Maximum expenditure. In issuing a certificate of need, the department shall specify the maximum capital expenditures that may be obligated under this certificate. The department shall adopt rules regarding the determination of capital expenditure maximums, procedures to monitor capital expenditures obligated under certificates and procedures to review projects for which the capital expenditure maximum is exceeded or expected to be exceeded.
[PL 2001, c. 664, §2 (NEW).]
3. Issued certificate; duration and expiration. After the issuance of a certificate of need, the department shall periodically review the progress of the holder of the certificate in meeting the timetable for making the service or equipment available or for completing the project specified in the approved application. A certificate of need expires if the project for which the certificate has been issued is not commenced within 24 months following the issuance of the certificate. The department may grant an extension of a certificate for an additional specified time not to exceed 12 months if good cause is shown why the project has not commenced. The department may require evidence of the continuing feasibility and availability of financing for a project as a condition for extending the life of the certificate. In addition, if on the basis of its periodic review of progress under the certificate the department determines that the holder of a certificate is not otherwise meeting the timetable and is not making a good faith effort to meet it, the department may, after a hearing, withdraw the certificate of need. The department shall adopt rules for the withdrawal of certificates of need.
[PL 2011, c. 648, §23 (AMD).]
SECTION HISTORY
PL 2001, c. 664, §2 (NEW). PL 2011, c. 648, §23 (AMD).
Structure Maine Revised Statutes
Chapter 103-A: CERTIFICATE OF NEED
22 §327. Declaration of findings and purposes
22 §329. Certificate of need required
22 §331. Subsequent review following changes in project
22 §333. Procedures after voluntary nursing facility reductions
22 §333-A. Procedures for allowing reallocation of nursing facility capacity
22 §334. Nursing facility projects (REPEALED)
22 §334-A. Nursing facility projects
22 §336. Simplified review and approval process
22 §337. Application process for certificate of need
22 §339. Review process; public hearing
22 §345. Division of project to evade cost limitation prohibited
22 §346. Scope of certificate of need
22 §347. Withholding of license
22 §349-A. Compliance investigation
22 §350-A. Cost-of-living adjustment (REPEALED) (REALLOCATED FROM TITLE 22, SECTION 351)
22 §350-B. Federal funding (REALLOCATED FROM TITLE 22, SECTION 352)
22 §350-C. Implementation reports (REALLOCATED FROM TITLE 22, SECTION 353)