Amendment #12 to H3872

Determination of Need Requirements

Ms. Decker of Cambridge moves to amend the bill, as amended, by inserting the following new sections:-

SECTION X. Notwithstanding any general or special law to the contrary, the department of public health shall not require a notice of determination of need from any person, agency of the commonwealth or any political subdivision thereof seeking approval for a substantial capital expenditure, substantial change in service or transfer of site that is necessary to address COVID-19; provided, however, that any person seeking approval shall comply with all applicable guidance from the department of health.

SECTION XX. Notwithstanding any general or special law to the contrary, the department of public health shall not require a notice of determination of need from any person, agency of the commonwealth or any political subdivision thereof seeking approval for a substantial capital expenditure, substantial change in service or transfer of site that is necessary to address the behavioral health crisis which has been exacerbated by COVID-19, including projects to add inpatient psychiatric beds; provided, however, that any person seeking approval shall comply with all applicable guidance from the department of health.

SECTION XXX. Section X is repealed.

SECTION IV. Section XX is repealed.

SECTION V. Section XXX shall take effect on April 1, 2022.

SECTION VI. Section IV shall take effect on October 1, 2022.