The public comment period on the Certificate of Need applications for the creation of Lincoln County Healthcare and the merger of St. Andrews and Miles Memorial Hospitals has ended. Now, state regulators are tasked with analyzing the applicant’s data and assertions, and the public comments to determine whether actions already taken by the local healthcare organization meet state law.

The Department of Health and Human Services received over 70 public comments, only a handful of which supported the healthcare changes here. Most comments have been compiled and are available on the website of the Boothbay Region Health and Wellness Foundation.

In its CON comments, the Wellness Foundation, a nonprofit formed in opposition to changes at St. Andrews Hospital, asked DHHS to deny both CON applications and to return governance of the small Boothbay Harbor hospital to the community. Failing outright denial, the foundation asked DHHS to place a series of conditions on the local healthcare organization, including maintaining a 24/7 urgent care center and restoration of skilled inpatient beds on the Boothbay peninsula. The group also asked that Lincoln County Healthcare be held responsible for additional ambulance costs and that MaineHealth be assessed $5 million in punitive damages. The foundation’s comments were echoed by several community members in both written and oral testimony.

In addition to its original application, deemed complete by DHHS on November 15, MaineHealth provided additional comments to DHHS on January 22 in response to public comments made at a December 19 public hearing in Boothbay Harbor. Although adhering to the CON regulatory process, MaineHealth and Lincoln County Healthcare continue to maintain that a CON is not needed for either healthcare change.

“The applicants believe that the 2008 transaction that established Lincoln County Healthcare and the 2013 transaction merging Miles Memorial Hospital and St. Andrews Hospital are not subject to review under the Certificate of Need law,” MaineHealth Director of Planning Richard Linehan wrote.

MaineHealth is also contesting the $32,000 CON application filing fee and the applicability of civil penalties being sought by DHHS staff.

The CON guidelines indicate that DHHS should make a decision within 90 days of a submitted complete application, but can extend decision-making an additional 60 days. That time frame places a DHHS decision between mid-February and mid-April. The department will issue a preliminary analysis prior to final determination; the public will have 15 days to respond to the preliminary analysis.

Calls and emails to Larry Carbonneau, DHHS, seeking additional information on the state’s review process have not been returned.

LincolnHealth, the merged St. Andrews/Miles Memorial entity, is currently operating under a six-month conditional license that expires April 1.

Related:

Patient beds the recurrent theme at public hearing

State regulators will review Lincoln County Healthcare changes

Is it over?