HOUSE DOCKET, NO. 3465        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1907

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tackey Chan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to specialty licensure.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3465        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1907

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act relative to specialty licensure.

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. The definition of “Expenditure minimum with respect to substantial capital expenditures” in section 25B of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the words “other than ambulatory surgery” the following words:--

or other than expenditures with respect to a specialty health care provider

SECTION 2.  The definition of “Health care facility” in said section 25B, as so appearing, is hereby amended by inserting after the words “as defined in section fifty-two;” the following words:--

specialty health care providers as defined in this section;

SECTION 3. Said section 25B, as so appearing, is hereby further amended by adding, the following definition:--

“Specialty health care provider”, any entity including a physician practice providing outpatient services typically provided in a hospital setting, including but not limited to: (1) an entity providing anesthesia, conscious sedation and/or diagnostic injection services, including but not limited to endoscopy services and excluding dental facilities; (2) an entity employing major medical, diagnostic and/or therapeutic equipment, including but not limited to equipment defined as new technology or as providing an innovative service, pursuant to this section and excluding x-ray equipment; and (3) which is not a hospital, ambulatory surgical center or community health center. The department shall promulgate regulations with respect to the classification of specialty health care providers.

SECTION 4. Said chapter 111 is hereby further amended by inserting after section 53H the following section: -

Section 53I. Notwithstanding any general or special law or regulation to the contrary, any specialty health care provider shall be a clinic for the purpose of licensure under section 51 and no original license shall be issued pursuant to said section 51 to establish any such specialty health care provider clinic unless there is a determination by the department that there is a need for such a facility. The department shall promulgate regulations to implement this section, including with respect to the classification and grandfathering of existing specialty health care providers.