This bill is reported out by the Joint Standing Committee on Health Coverage, Insurance and Financial Services pursuant to Resolve 2025, chapter 106 to implement a recommendation from 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. The joint standing committee has not taken a position on the substance of this bill. By reporting this bill out, the joint standing committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill; instead, the joint standing committee is reporting the bill out for the sole purpose of having a bill printed that can be referred to a joint standing committee for an appropriate public hearing and subsequent processing in the normal course. The joint standing committee is taking this action to ensure clarity and transparency in the legislative review of the proposals contained in the bill. This bill expands the criteria considered during a review under the certificate of need laws to include consideration of a project's impact on affordability and accessibility of health care for all Maine residents. The bill also expands the scope of review under the certificate of need laws when there is a change in ownership or control of a health care facility to require a review and analysis of the extent to which the applicant's ownership structure involves a private equity company or real estate investment trust. The bill requires the Department of Health and Human Services to contract with a consultant funded by the applicant to review and investigate the prior activities and conduct of the private equity company or real estate investment trust and authorizes the department to consult with the Attorney General. Finally, the bill broadens the authority of the department to conduct subsequent reviews of an applicant for a certificate of need when there is a change in ownership or control of a health care facility.

Statutes affected:
Bill Text LD 2190, HP 1471: 22.335