In December 2025, Maine’s 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 issued its final report to the Legislature. The Commission was formed in response to growing concern about consolidation in the health care sector, private equity investment, and the impact of ownership and structural changes on patient access, affordability, and system stability. Bernstein Shur’s Adam Prescott served as one of the members on the Commission, along with several legislators and other health care industry leaders from around the State.
Commission Recommendations
In its final report, the Commission offered various recommendations intended to improve transparency, affordability, and access to health care in Maine. The Commission emphasized that its recommendations were intended to support further legislative discussion and careful evaluation of Maine’s health care regulatory framework. The Commission’s work reflected an evolving recognition that ownership structure, financial stability, regulatory oversight, and patient access are increasingly interconnected—and that careful consideration of each will remain essential to maintaining a sustainable health care system.
Looking Ahead
Based on the Commission’s final report, the Health Coverage, Insurance and Financial Services (HCIFS) Committee recently proposed new legislation, which included the following proposals:
- Sec. 1. 22 MRSA §322-A: This legislation would codify the voluntary guidance developed by the Department of Health and Human Services, Division of Licensing and Certification to require that hospitals provide at least 120-days’ prior notice to the division of a permanent closure of a hospital’s labor and delivery unit or of a change in the level of care a hospital provides for maternity and newborn services.
- Sec. 1. 22 MRSA §331: This legislation would expand the criteria considered during a Certificate of Need (CON) review to include consideration of a proposal’s impact on affordability and accessibility of health care for all Maine consumers and provide any additional resources needed to implement the expanded scope of review.
In addition, it would expand the scope of CON review when there is a change in ownership of an entity to:
- (a) review and analyze the extent to which the applicant’s ownership structure involves a private equity company or real estate investment trust;
- (b) require that the department 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;
- (c) authorize the department to consult with the Attorney General; and
- (d) broaden the authority of the department to impose conditions on an applicant and to conduct subsequent reviews following a conditional approval of an applicant for CON.
- Sec. 1. 10 MRSA §1102-B: This legislation would require a health care entity to provide notice to the Attorney General about a pending merger or acquisition at the same time a health care entity is required to notify the Federal Trade Commission in accordance with federal law and regulations.
- Sec. 1. 22 MRSA §1730-A: This legislation would prohibit any person from interfering with the professional judgment or clinical decision of a licensed health care professional with independent practice authority.
Takeaways
Although the Commission covered significant ground (including various proposals that were considered but ultimately not supported by a majority of Commission members), the future of health care legislation in Maine remains to be seen. Health care organizations should continue to monitor proposed legislation and reach out to their state representatives and other key stakeholders to ensure there is a full understanding of the financial and operational impact that may result from this new legislation and the potential impact to the delivery of care to Mainers.
Through its interdisciplinary team of attorneys across health care, corporate law, government relations, and other areas, Bernstein Shur remains at the forefront of the Maine legal landscape—and is in the room as many of these key issues are being developed. We welcome the opportunity to connect with your organization to discuss how Bernstein Shur may assist you in your legal, compliance, and advocacy needs.