Section 1. 

Section 25B of Chapter 111 of the Mass General Laws, as appearing in the 2008 official edition, is hereby amended in the definition of “Substantial Change of Services”, by striking the last sentence. 

Section 2. 

Section 25C of Chapter 111, is hereby amended in the sixth paragraph, by adding at the end thereof the following:

Any acute care hospital seeking to build or expand an outpatient surgical or diagnostic facility shall a determination of need with the department. In determinations on applications for new outpatient surgical or diagnostic facilities or for substantial changes in services for licensed outpatient diagnostic or surgical facilities, the department shall apply the same criteria for those owned by acute care hospitals and freestanding ambulatory surgery centers. 

Section 3. 

Section 25C of Chapter 111, is hereby amended by adding at the end thereof the following new paragraph:

The Department shall conduct a statewide planning initiative for the purposes of studying and coordinating the availability and delivery of outpatient diagnostic and surgical health care services within the commonwealth.  The initiative shall examine the current supply of outpatient services, and technologies and develop a plan for the provision of new services, technologies, and structural expansions throughout the commonwealth, and develop a plan for the continued role of freestanding ambulatory surgery centers within the commonwealth.  The Department shall utilize this plan in its evaluation of all applications for a determination of need, as required by this section, in order to determine whether the proposed expansion construction, or acquisition of health care facilities or services is needed in the Commonwealth, or whether the proposed expansion construction, or acquisition of health care facilities or services will unnecessary duplicate ongoing services and increase health care costs in the Commonwealth.”

Section 4.

Section 1 of Chapter 118G, is hereby amended in definition of “ambulatory surgical center” by adding at the end thereof the following:

A single specialty or multi-specialty ambulatory surgical center which is licensed under the provisions of Chapter 111 shall be included herein and shall be qualified for full participation in the Medicaid program.