Maine Revised Statutes Title 22 Sec. 348 – Withholding of funds
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Terms Used In Maine Revised Statutes Title 22 Sec. 348
- Capital expenditure: means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. See Maine Revised Statutes Title 22 Sec. 328
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- health care facility: means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328
- Project: means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329. See Maine Revised Statutes Title 22 Sec. 328
A health care 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. Reimbursement, payment or other financial assistance, either directly or indirectly, from a state agency or other 3rd-party payor may be subject to an enforcement action by the commissioner to withhold or deny reimbursement, in whole or in part, with respect to a project granted a certificate of need when the commissioner determines that the applicant fails to meet any of the conditions set forth in the certificate of need approval in accordance with the procedures set forth in section 332. 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. [PL 2007, c. 440, §20 (AMD).]
SECTION HISTORY
RR 2001, c. 2, §A29 (COR). PL 2001, c. 664, §2 (NEW). PL 2007, c. 440, §20 (AMD).