SENATE DOCKET, NO. 1684        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 900

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act expanding the determination of need threshold..

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 25B of chapter 111 of the general laws is hereby amended by inserting within the definition of "expenditure minimum with respect to substantial capital expenditures'' after the words “unless the expenditures and acquisitions are at least $25,000,000, in which case a determination of need shall be required”, the following: “or unless the expenditures and acquisitions are at least $5,000,000, or will total at least $25,000,000 when aggregated over a five year period, and will (i) not be implemented within its own primary service area to be defined by the department for these purposes, and (ii) will be implemented within the primary service area of another hospital that is a community hospital.”