SECTION 1.  Section 25C of chapter 111 as appearing in the 2012 Official Edition of the General Laws is hereby amended by inserting the following subsection:-

(o) any provider organization licensed pursuant to this chapter, which: (i) participates in the Medicare Pioneer Accountable Care Organization, ACO as defined by Section 1 of chapter 6D program, or in the Medicare Shared Savings Plan ACO, or (ii) has entered into an ACO arrangement with MassHealth, so-called; or (iii) receives a material share of its revenue from carriers through contracts that contain substantial downside risk, shall be permitted to increase its outpatient surgery capacity without the need for Determination of Need approval, provided, that either (1) such increase is limited to the main campus of such provider’s hospital, or (2) such increase is located at a site within 10 miles of the main campus of such provider’s hospital,  The department shall review such outpatient surgery increase in the context of an integrated model of care and shall not prohibit such increase unless such proposal is deemed to have an excessive cost impact on the commonwealth’s total medical expense and the state’s ability to meet the health care cost growth benchmark pursuant to Chapter 6D of the General Laws.