SECTION 1. (a) Notwithstanding any general or special law to the contrary, a community hospital, as defined by the Center for Health Information and Analysis, (the Center) that intends to provide non-emergency angioplasty (elective percutaneous coronary intervention) with non-cardiac surgery on site (non-surgery on site or non-SOS), may apply for a waiver of the Department of Public Health’s (DPH or Department) hospital licensure regulation 105 CMR 130.975(B)(1) and receive approval from the Department of such waiver application in order to provide elective percutaneous coronary intervention. The Department shall grant approval if it finds that the hospital: (1) participated in the Department’s Primary Angioplasty Special Project; (2) completes and submits an attestation with the Department that reflects the purpose and includes substantially similar terms and conditions as those set forth in the Department’s attestation waiver for the continuation of service as provided to participants of the MASS COMM Post-Randomization Phase Cohort Study; and (3) submits a plan to the Department to demonstrate that waiver would (i) reduce travel time for patients, (ii) maintain or improve quality as compared to hospitals without on-site cardiac surgery, (iii) generate cost savings for patients and payers, (iv) if applicable, facilitate the operational and clinical integration of any health care system of which it is a member, and (v) not adversely impact the volume of any other community hospital. Upon determination that the hospital meets the relevant requirements, the waiver application shall be deemed approved. This review and approval process shall not exceed 30 days after receipt of application for waiver under this section. All community hospitals shall obtain deemed approval pursuant to this requirement prior to operating such a program.
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