Amendment ID: S2769-12

Amendment 12

Parity in Determination of Need

Mr. Collins moves that the proposed new draft be amended by inserting the following new sections:

SECTION XX.  Section 25B Chapter 111 of the General Laws is amended by replacing the definition of Health care facility to read in its entirely as follows:

'Health care facility'', a hospital or clinic, as defined in section fifty-two; a long-term care facility, a convalescent or nursing home, a rest home or a charitable home for the aged, as defined in section seventy-one; a clinical laboratory subject to licensing under chapter one hundred and eleven D, a public medical institution, which is any medical institution, after December first, nineteen hundred and seventy-two, any institution for the developmentally disabled or mentally ill, supported in whole or in part by public funds, staffed by professional, medical and nursing personnel and providing medical care, in accordance with standards established through licensing, approval or certification for participation in the programs administered under Titles 18 and 19 of the Federal Social Security Act, by the department; and any part of such facilities; and a Practice, provided, however, that ''health care facility'' shall not include a facility operated by and for persons who rely exclusively upon treatment by spiritual means through prayer for healing, in accordance with the creed or tenets of a church or religious denomination and in which health care by or under the supervision of doctors of medicine, osteopathy, or dentistry is not provided.

SECTION XX.  Section 25B Chapter 111 of the General Laws is amended by adding the following definition after the definition of Outpatient Services:

“Practice” shall mean one or more practitioners engaged in a solo or group medical practice, whether conducted for profit or not for profit, and however organized, that is wholly owned and controlled by one or more of the practitioners so associated, or, in the case of a not for profit organization, its only members are one or more of the practitioners so associated.