In the annals of government, apparently late is better than never. However, whether a late government review is more meaningful than no or timely government review remains to be seen.

Lincoln County Healthcare (LCH) merged St. Andrews and Miles Memorial Hospital on October 1, but the Maine Department of Health and Human Services (DHHS) determined on October 23 that a Certificate of Need (CON) is required for that action. DHHS also determined that the original creation of Lincoln County Healthcare by MaineHealth in 2008 should have undergone CON review.

On November 15, DHHS announced that it will hold a public hearing on December 19 to allow MaineHealth to present its case for both decisions and to allow the public to comment upon those changes in local healthcare.

LincolnHealth, the newly-merged St. Andrews/Miles hospital, received a provisional, six-month license from DHHS on September 30, hours before the merger, which closed St. Andrews Hospital’s emergency department and skilled care wing, took effect. Temporary licensing allowed the healthcare organization to follow through with its plans while DHHS weighed the opposing arguments of LCH/MaineHealth and the Boothbay Region Health and Wellness lawyers on the need for a CON.

On October 23, DHHS agreed with the local wellness group and informed MaineHealth and LCH that their actions require state review and approval.

“We are delighted that the state regulators agreed with us that merging two hospitals without a CON and a public hearing isn't legal,” Wellness Foundation President Patty Seybold wrote in an email. “We are happy to have a chance to review the impact of the merger in a public forum.”

Although disappointed by the DHHS decision, LCH CEO Jim Donovan wrote that he did not expect the CON process to result in a different outcome.

“As we strongly disagree that a CON is required for either, the application was filed under protest,” Donovan wrote in an email. “From our perspective this becomes another step in the process of delivery system redesign in Lincoln County.  We will work through it and there will be no impact on our plans or operations.”

Seybold said a CON review for actions that have already occurred provides an interesting opportunity.

“We would like to encourage patients and families who have experienced any difficulties getting local treatment or hospital beds to write down their experiences and submit them as testimony,” Seybold wrote.

A phone call and email to DHHS on Tuesday regarding their decision and the public hearing had not been returned by press time.

Originally, as advertised in the DHHS public notice on November 21, the public hearing was scheduled to occur in Augusta at 2 p.m. DHHS has now changed the location time and place to provide better access for the affected community.

The DHHS public hearing on Lincoln County Healthcare will take place on Thursday, December 19 from 10 a.m. to 4:30 p.m. at the Boothbay Harbor  Town Office.

DHHS will accept public comments on LCH's application until January 22, 2014.