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Consumers for Affordable Health Care Applauds DHS Commissioner for Decision Denying New Surgery Center in Portland

DHS Commissioner Looks for "Orderly and Economic Development of Health Facilities" in Maine

Consumers for Affordable Health Care, an Augusta-based consumer health care watchdog organization, today applauded the decision of DHS Commissioner John Nicholas that denied an application to build a new ambulatory surgery facility in Portland by the Portland Surgery Center, LLC and ASCOA. Consumers for Affordable Health Care opposed the project because there was no evidence that the facility met the specific health needs of the area to be served and argued that it could increase costs by increasing the units of services delivered without improving quality or outcomes.

The application by the physician-investor group, Portland Surgery Center, LLC, and its 30% partner Ambulatory Surgical Centers of America, requested approval to build a two-story 19,000 square foot free-standing surgery center on Marginal Way in Portland. The projected costs to build and equip the new facility exceeded $3 million.

Consumers opposed the project because the physician-investors failed to show that there was a need for a new surgical facility in Portland. Joe Ditre, an attorney and director for the consumer watchdog group, said "The law requires the applicants show that their project will 'substantially address specific health problems as measured by health needs in the area to be served' and they failed to do so. It's pretty straight-forward." He added, "As a state, we can either spend our scarce health care dollars on services that are not needed or we can strategically direct those dollars to meet specific health needs that improve the health of our neighbors and communities. We choose the latter."

Commissioner Nicholas agreed with consumers and hospitals that opposed the project. Moreover, the Commissioner cited the surgery group's failure to show how it would be accessible to all residents, including people in need of free or charity care, and how it would promote orderly and economic development of health facilities given losses that it would present to Mercy and Maine Medical Center. The Commissioner also warned the area hospitals proposing similar projects that "Mercy and Maine Medical Center will have the same burden to demonstrate and document that their proposals will substantially address specific health problems in the area."

"Commissioner Nicholas's decision was well-reasoned and fair. We look forward to working with him and his staff in the future as expensive projects are considered. We hope this decision indicates a new direction of the Department in dealing with rising costs and quality of care. It's a very welcome decision." said Joe Ditre, Executive Director for Consumers for Affordable Health Care Foundation.

"CAHC has long been concerned with the effects of building new facilities when the existing ones are not operating at full capacity. Why build a new facility? Let's use the existing capacity at current facilities before building new ones. And, most of all, let's ask the people living in the community what they need for services before plunging into projects like this." Said Ditre.

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