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Session Laws

1985

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CHAPTER 789 AN ACT PERMITTING THE FINANCING OF HOSPITAL FACILITIES OWNED BY CERTAIN NONPROFIT CORPORATIONS UNDER THE MASSACHUSETTS HEALTH AND EDUCATIONAL FACILITIES AUTHORITY ACT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 3 of chapter 614 of the acts of 1968 is hereby amended by striking out paragraph (b), as appearing in section 8 of chapter 777 of the acts of 1981, and inserting in place thereof the following paragraph:-

(b) "Project", in the case of a participating institution for higher education or participating institution for the handicapped, a structure or structures suitable for use as a dormitory or other multi-unit housing facility for students, faculty, officers or employees, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related to any of the foregoing or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education or participating institution for the handicapped, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education or participating institution for the handicapped, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended and shall further include any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of an institution of higher education or participating institution for the handicapped, whether or not such items are related to a particular facility or structure financed under this act, but shall not include such items as books, fuel, supplies or other items the cost of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination; and, in the case of a participating hospital, a structure or structures suitable for use as a hospital, clinic, comprehensive gerontology facility, nursing home, or other health care facility, laboratory, laundry, nurses or interns residence or other multi-unit housing facility for staff, employees, patients or relatives of patients admitted for treatment in such hospital, or for the aged, doctors office building, administration building, research facility, maintenance, storage or utility facility and other structures or facilities related to any of the foregoing or required or useful for the operation of a hospital, including parking and other facilities or structures essential or convenient for the orderly conduct of such hospital, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended and shall further include any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of a hospital, whether or not such items are related to a particular facility or structure financed under this act, but shall not include such items as fuel, supplies or other items the cost of which are customarily deemed to result in a current operating charge; and in the case of a particular cultural institution, a structure or structures suitable for its purposes, whether or not to be used to provide educational services, or research resources and shall also include supporting facilities, landscaping, site preparation, furniture, equipment, machinery and other related items and shall further include any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of a cultural institution, whether or not such items are related to a particular facility or structure financed under this act, but shall not include books, works of art, or other items for display or exhibition, or items the cost of which are customarily deemed to result in a current operating charge; and "project" may include any combination of one or more of the foregoing undertaken jointly by one or more participating institutions with each other or with other parties.

SECTION 2. Section 3 of chapter 614 of the acts of 1968 is hereby amended by striking out paragraph (g), inserted by section 5 of chapter 454 of the acts of 1969, as amended by chapter 482 of the acts of 1980, and inserting in place thereof the following paragraph:-

(g) "Hospital", a nonprofit hospital within the commonwealth licensed by the department of public health; or a nonprofit health maintenance organization within the commonwealth licensed by the commissioner of insurance; or an affiliated nonprofit corporation which is organized and operated for the benefit of, to perform one or more of the functions of, or to carry out one or more of the purposes of one or more licensed nonprofit hospitals or health maintenance organizations, including operation of a nursing home, comprehensive gerontology facility or congregate care facility.

Approved January 9, 1986.