Bill Summary – FastDemocracy

                                                                  APPROVED                 CHAPTER
                                                                  JULY 1, 2025                  106
                                                                 BY GOVERNOR               RESOLVES
                                  STATE OF MAINE
                                          _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                          _____
                                 H.P. 1036 - L.D. 1578
  Resolve, to Establish the Commission to Evaluate the Scope of Regulatory
   Review and Oversight over Health Care Transactions That Impact the
                 Delivery of Health Care Services in the State
   Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, this resolve establishes a commission to evaluate the scope of regulatory
review and oversight over health care transactions that impact the delivery of health care
services in the State; and
    Whereas, the Legislature believes it is important to conduct this evaluation because
the State's health care delivery system faces significant financial and workforce challenges;
and
   Whereas, this legislation must take effect as soon as possible in order to provide
adequate time for the commission to complete its work in a timely manner before
submitting its report; and
    Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore, be it
    Sec. 1. Commission established. Resolved: That the Commission to Evaluate
the Scope of Regulatory Review and Oversight over Health Care Transactions That Impact
the Delivery of Health Care Services in the State, referred to in this resolve as "the
commission," is established.
    Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule
353, the commission consists of 15 members appointed as follows:
   1. Two members of the Senate, including one member of the party holding the largest
number of seats in the Legislature and one member of the party holding the 2nd largest
number of seats in the Legislature, appointed by the President of the Senate;
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    2. Two members of the House of Representatives, including one member of the party
holding the largest number of seats in the Legislature and one member of the party holding
the 2nd largest number of seats in the Legislature, appointed by the Speaker of the House;
   3. Two members representing hospitals, one member appointed by the President of the
Senate and one member appointed by the Speaker of the House;
    4. Two members representing health care providers, one of whom must represent an
independently owned specialty practice and is appointed by the President of the Senate and
the other of whom is appointed by the Speaker of the House;
    5. One member representing a statewide association of nursing homes or other long-
term care facilities, appointed by the President of the Senate;
    6. One member of the public representing health insurance consumers, appointed by
the Speaker of the House;
    7. One member representing health insurance carriers, appointed by the President of
the Senate;
   8. One member representing a statewide association of health care purchasers,
appointed by the Speaker of the House;
    9. One member of the public who is a lawyer who has practiced in the field of certificate
of need law or mergers or acquisitions of health care entities, appointed by the Speaker of
the House;
    10. The executive director of the Office of Affordable Health Care or the executive
director's designee; and
    11. The Commissioner of Health and Human Services or the commissioner's designee.
   Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the
commission.
    Sec. 4. Appointments; convening of commission. Resolved: That all
appointments must be made no later than 30 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed. After appointment of all members,
the chairs shall call and convene the first meeting of the commission. If 30 days or more
after the effective date of this resolve a majority of but not all appointments have been
made, the chairs may request authority and the Legislative Council may grant authority for
the commission to meet and conduct its business.
    Sec. 5. Duties. Resolved: That the commission shall:
    1. Evaluate potential changes to the State's certificate of need laws, including, but not
limited to, expanding the scope of review to the termination or disruption of health care
services and changing the monetary thresholds that trigger review;
    2. Evaluate potential legislative changes to require regulatory review and oversight of
substantial health care transactions, such as transfers of ownership or control, among
hospitals, health care facilities and health care provider organizations;
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     3. Evaluate the role of a private equity company or real estate investment trust taking
a direct or indirect ownership interest, operational control or financial control of a hospital
in the State; and
    4. Examine any other issues to further the duties and purposes of the study.
    The commission shall review and identify best practices learned from similar efforts in
other states. The commission may hold hearings and invite testimony from experts and the
public to gather information.
    Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the commission, except that Legislative Council staff support
is not authorized when the Legislature is in regular or special session.
     Sec. 7. Stakeholder participation. Resolved: That the commission may invite
the participation of stakeholders to participate in meetings or subcommittee meetings of
the commission to ensure the commission has the information and expertise necessary to
fulfill its duties, including the Maine Health Data Organization.
    Sec. 8. Report. Resolved: That, notwithstanding Joint Rule 353, no later than
December 10, 2025, the commission shall submit a report that includes its findings and
recommendations, including suggested legislation, to the Joint Standing Committee on
Health Coverage, Insurance and Financial Services. The joint standing committee may
report out legislation based on the report to the Second Regular Session of the 132nd
Legislature.
    Sec. 9. Outside funding. Resolved: That the commission may seek funding
contributions to contribute to the costs of the study. All funding is subject to approval by
the Legislative Council in accordance with its policies.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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