Section 144-503-6-2 - Application filedParagraphs (1) to (3) apply in the given order to the application process for Certificate of Need.
(1) After receiving the Letter of Intent, the Department shall issue a letter or checklist, or both, to an applicant that stipulates and clarifies what will be required in the application. (2) Within 30 days of filing the Letter of Intent, the applicant may meet with the Department staff in order to assist the Department in understanding the application and to receive technical assistance concerning the nature, extent and format of the documentary evidence, statistical data and financial data required for the Department to evaluate the proposal. aWaive technical assistance meeting. After December 31, 2011, the technical assistance meeting requirement may be waived by the applicant. The Letter of Intent must state that the applicant waives the technical assistance meeting. See Public Law 2011, Chapter 424, Sec. C-1.(3) After receiving notice from the Department that a Certificate of Need is required for a proposed expenditure or action, if the applicant wishes to proceed with the project, the applicant must file an application for the Certificate of Need. 22 M.R.S.A. Sec337(2).(4)Non-Applicability Determinations. A determination by the Department that a Certificate of Need is not needed for a proposed capital expenditure or action permits a health care facility, health maintenance organization or person to proceed with the proposed project without risk of having applicable sanctions or other penalties imposed, provided, however, that subsequent receipt by the Department of information which indicates that a non-applicability determination was based on partial or inaccurate disclosure of relevant facts shall be cause, when applicable, for rescinding such determination and making an applicability determination. Any person who receives a non-applicability determination is required to submit the actual capital expenditure and third year operating costs to the Department as soon as they are determined in order for the Department to monitor compliance with this section.10- 144 C.M.R. ch. 503, § 6-2