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ME LD1890
ME LD1890An Act to Facilitate the Development of Ambulatory Surgical Facilities by Exempting Certain Facilities from the Requirement to Obtain a Certificate of Need
summary
Introduced
05/01/2025
05/01/2025
In Committee
05/07/2025
05/07/2025
Crossed Over
Passed
Dead
Introduced Session
132nd Legislature
Bill Summary
This bill exempts certain ambulatory surgical facilities from the requirement to obtain a certificate of need from the Department of Health and Human Services to finance or incur expenditures for a project. An ambulatory surgical facility that is owned or operated by a hospital is exempt from the requirement only if the facility is operated and paid only as an ambulatory surgical facility and does not share space with a hospital or the outpatient surgery department of a critical access hospital, even if the facility and hospital or outpatient surgery department are not open at the same time.
AI Summary
This bill modifies the existing law regarding certificates of need (CON) for ambulatory surgical facilities in Maine. Specifically, the bill creates a new exemption from the CON requirement for certain ambulatory surgical facilities. A hospital-owned ambulatory surgical facility can be exempt from obtaining a certificate of need only if two strict conditions are met: first, the facility must be operated and billed exclusively as an ambulatory surgical facility, and second, the facility cannot share physical space with a hospital or a critical access hospital's outpatient surgery department, even if the spaces are used at different times (defined as "temporally separated"). The bill repeals a previous subsection of the law and adds this new provision to create more flexibility for healthcare facilities to develop surgical centers while maintaining certain regulatory safeguards. A certificate of need is a regulatory requirement that healthcare providers must obtain before making significant capital expenditures or offering new healthcare services, intended to prevent unnecessary duplication of medical services and control healthcare costs.
Committee Categories
Health and Social Services
Sponsors (6)
Robert Foley (R)*,
Scott Cyrway (R),
Paul Flynn (R),
Rolf Olsen (R),
Jennifer Poirier (R),
Kim Pomerleau (R),
Last Action
Voted: Divided Report (on 01/28/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1890&snum=132 |
| Fiscal Note: Text | https://legislature.maine.gov/legis/bills/bills_132nd/fiscalpdfs/FN189001.pdf |
| BillText | https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1261&item=1&snum=132 |
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